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State Attorney: SPPD officer involved in fatal shooting investigation was 'within his legal duties'

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ST. PETERSBURG, Fla. — A state attorney determined that an officer that shot and killed a suspect in Sept. did so 'within his legal duties,' according to a statement released on Tuesday.

Officer Stephen York, with the St. Petersburg Police Department, shot and killed Cody Kiley, 31, while he attempted to apprehend him.

RELATED: Suspect killed, officer uninjured after shooting in St. Pete, police say

After an investigation, State Attorney Bruce Bartlett said that "Cody Kiley's actions of pushing the firearm into his mother's head, and discharging the firearm inside the residence, constituted the forceable felonies of aggravated battery and aggravated assault, as well as the felony of shooting in an occupied dwelling."

The shooting happened after a woman called 911 on Sept. 12 to report that her son was threatening her with a gun, according to authorities.

Cody's mother, Jill Kiley, 53, told officials that Cody had been acting strange in the days leading up to the event. She also said that Cody began making statements along the lines of, "The earth isn't round," and that Jill "wasn't human anymore because she had gotten the COVID vaccine."

Jill also stated that on the night of the incident, Cody Kiley fired one gunshot into the wall of her bedroom.

The investigation led to the examination of Cody's phone, where officials found a chat message from Kiley on Sept. 10 that said he had been sober for two years and relapsed. He also said that "he was on the verge of suicide" and referred to negative voices in his head.

On Sept. 12, Chief Deputy Paul Halle with the Pinellas County Sheriff's Office said SPPD officers were called to a home at 4533 20th Avenue North just after 3 a.m.

Halle said Jill called 911 and said her son, Cody, was threatening her with her handgun. Halle said Cody's 4-year-old daughter was also in the home.

While on the phone with 911, the suspect's mother retreated to a back bedroom with the 4-year-old child. Halle said police arrived a few minutes later.

Halle said as officers were preparing to approach the home, Kylie moved to the backyard and could be heard by the officers.

The officers moved to approach the backyard, and Officer York, with his K9 Loki, moved to the front, Halle said.

Officers found Kylie in the yard, still armed, and Loki was released. The K9 engaged with Kylie. Halle said the suspect held onto the handgun.

Officer York pulled Loki off Kylie, Halle said. At that time, Halle said Kylie was still armed and still making threats.

Officer York then fired "a number" of shots and killed Kylie, Halle said.

Read the full statement from Bartlett below.