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DA: Fugitive's shooting OK, deputy not influenced by cocaine

PITTSBURGH (AP) — A prosecutor says the shooting of Pittsburgh child-rape suspect by a U.S. marshals-led task force was justified, and that a sheriff's deputy who fired some of the shots won't be charged and wasn't under the influence of cocaine at the time.

District Attorney Stephen Zappala Jr. says the Allegheny County deputy, Richard Dwyer, tested positive for cocaine metabolites after the shooting -- meaning he likely had used the drug two or three days before.

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Dwyer's been fired because of the drug test required after the fatal shooting of 47-year-old Leslie Sapp III on Jan. 6, but his attorney hopes Dwyer will get his job back under a "last chance" program.

Zappala says the shooting was justified because Sapp confronted the officers with a toy air gun when they burst into Sapp's home to arrest him.

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