The District Attorney's Office says Agent D.J. Braley did not intentionally kill Agent James Davies. They say it was an accident.
Davies and Braley were responding to a call of shots fired in Lakewood on Nov. 9, 2012.
Braley did not know Davies was hiding behind a fence post when he opened fire. He thought Davies was the shooting suspect.
'On the top of the fence, Agent Braley saw what he believed to be a Hispanic male with a shaved head," the report read.
The report continues:
"He could see that the male was looking over the top of the fence. He could see most of the male's head and his hands. He immediately saw that there was a black, semi-automatic pistol in the male's right hand. He immediately yelled, 'Police. Drop the gun. Drop the gun'. The individual then started to raise the gun in his direction. Agent Braley fired. He had been holding his sight, his optic on his rifle, on the person's head. He saw the gun come up and he thought he was going to get shot so he fired his first round at the person's head.'"
Eventually, as agent Braley approached the body, he noticed the person he shot was wearing a Lakewood patch and began to say "No..no...no."
"He moved closer and saw the gunshot to Agent Davies' head, under his left eye area," the report read. "It did not appear to him that there was any chance that he was alive and he told [a fellow agent] that he did not think they should move him".
The report went on to say, "After that, things got very difficult for [Braley]. He took off his rifle and gave it to [a fellow agent]. He told him to take it as he didn't want it anymore."
Agent D.J. Braley joined the Lakewood Police Department in 2001. He spent three years on the Special Enforcement team.
Braley is currently on paid administrative leave until an internal investigation is complete. The Lakewood Police Department says Braley is still on paid, administrative leave at this time. The department says Braley will not be fired.
In 2009, Agent Braley shot and killed an armed man after the man went inside a liquor store with a pistol and started making threats.
The Denver District Attorney's Office found no wrong doing in that case.
(KUSA-TV © 2013 Multimedia Holdings Corporation with The Associated Press)