A Tennessee prosecutor says no criminal charges will be filed against a Memphis police officer who was off-duty when he fatally shot a man last year.

In a statement, Shelby County District Attorney Amy Weirich said Wednesday that the officer, identified previously as Marshall Smith, was not the aggressor in the April 10 shooting of Luis Felipe Soto at a gas station in Memphis.

Police said Soto had just returned his 4-year-old daughter to his ex-wife, who was engaged to Smith, when the men got into an altercation.

Authorities say Soto pulled out a gun and pointed it at Smith, who identified himself as a policeman and told Soto to drop his weapon. Smith pulled out his own weapon and fire several shots, killing the 29-year-old Soto.