Tracy Peters of the Wai'anae Coast was shot twice by officer Wayne Silva with a rifle the evening of May 13, according to acting City Prosecutor Franklin Pacarro Jr.

But Peters was shot after he fired a shotgun numerous times, threatened to shoot officers if they didn't shoot him and pulled out two loaded handguns, Pacarro said.

Silva's decision to "use deadly force to protect himself, other officers and the community in the immediate area was a justified act under the law," the acting prosecutor said.

Peters had a criminal history of 23 convictions, including second-degree robbery in connection with the shooting death of an Army sentry at the Wai'anae Army Rest Center in 1977.

Peters originally was charged with murder, but reached a plea agreement resulting in the lesser conviction in exchange for testifying against co-defendant Kenneth Smith, who was convicted of murder.