May 24, 2005 10:43

POLICE OFFICER IN DIMEBAG KILLING CLEARED

James Niggemeyer acted lawfully shooting dead gunman Nathan Gale…

The police officer who shot dead NATHAN GALE, the gunman who killed DAMAGEPLAN guitarist "DIMEBAG" DARRELL ABBOTT, acted lawfully a court has ruled.

Although there has been no criticism of Officer James Niggemeyer, an investigation into the fatal shooting was standard procedure, but on May 20 a grand jury in Columbus, Ohio, ruled he acted correctly.

Niggemeyer was the first police officer to reach Ohio nightclub Alrosa Villa on December 8 following reports of shots being fired, and after entering the building through the back of the stage he fired the single shot that killed Gale.

Following its investigation, the grand jury decided not indict Niggemeyer - meaning there was no wrongdoing on the officer's part – something Franklin County Prosecutor Ron O'Brien had been expecting.

"There was little doubt (the shooting) was lawful,” O’Brien told MTV News, “given the 200 eyewitnesses and the circumstances that surrounded the shooting. Nevertheless, we still have an independent body review the facts".

Gale who had diagnosed as a paranoid schizophrenic, shot dead Dimebag and four other gig goers before Niggemeyer’s intervention.