No charges will be filed against security officer who shot patient at Lynchburg General Hospital

Even though there's no criminal case, the fight is not over between the victim's family and Centra.

Paul Valois, the family's attorney has been in touch with Jonathan Warner's mother.

Valois said, "She's distraught. She's distraught and disappointed and she doesn't think that justice has been served."

Mike Doucette, the Lynchburg Commonwealth’s Attorney said, "But looking at it from a self-defense perspective, I have to look at it from Gillespie's point of view."

Doucette says Warner attacked the security guard, Wesley Gillespie, tried to grab his pistol, then Taser. He says the shooting was in self-defense.

Diane Ludwig, Centra Spokesperson, said, "This situation hasn't been easy on anyone for the past couple of months."

Centra's spokesperson Diane Ludwig says they are relieved that the officer's actions were justified. Meanwhile, the psychiatric emergency center where this happened has been closed since January.

Ludwig said, "We had a tragic event that was -- it was an isolated event. It happened one time and we've been treating mental health patients for the last 30 years."

"It's going to take a lot of money and attention to take care of Jonathan after these injuries, and that money's going to have to come from somewhere,” said Valois.

The commonwealth's attorney says his decision only relates to criminal charges, not civil. The family would like to avoid suing Centra, but they aren't optimistic.

"It looks like we're headed down towards the road to litigation,” Valois said.

The family's attorney says they're ready to file in the next couple months. Centra's spokesperson tells me they are prepared to defend themselves if a lawsuit is filed. As for the hospital, they are still offering psychiatric services in their general emergency room.

There was a question of a conflict of interest in the case, which the commonwealth’s attorney addressed today. The security officer in question was a Lynchburg Police officer in the 1970's. The family's attorney says it's a conflict having the department investigate. The commonwealth's attorney says no one currently employed there ever worked with Gillespie and he didn't have any concerns with what they found.

No charges will be filed against the security officer who shot a patient at Lynchburg General Hospital earlier this year.

Lynchburg Commonwealth’s Attorney Michael Doucette released the findings Friday morning.

Doucette found that security officer Wesley Gillespie was justified when he shot Jonathan Warner on January 11. Warner had attacked Gillespie and taken his taser.

Gillespie shot Warner four times. Warner will likely be paralyzed for the rest of his life.

Doucette also said he will not charge Warner for attacking Gillespie.

Warner had checked into the hospital for treatment of his mental illness.