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HOUSTON -- A Harris County grand jury has decided not to indict a Houston Police Department officer who shot and killed a double amputee in a wheelchair.

Prosecutors said the officer, Matthew Marin, opened fire on 45-year-old Brian Claunch when Claunch threatened the officer s partner with a ball point pen.

The shooting happened in September of last year when the officers were responding to a call at a private group home.

Claunch had a long history of mental illness.

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