By Associated Press - Wednesday, May 21, 2014

LAS VEGAS (AP) - A Las Vegas police officer has been cleared in the shooting of an unarmed man who investigators say was mistaken for a murder suspect and failed to surrender when the officer confronted him at a convenience store.

Clark County District Attorney Steve Wolfson said Wednesday that Las Vegas police Officer Jason Evans was legally justified shooting Antoine Hodges late Oct. 21 at the store east of downtown Las Vegas.

The 30-year-old Hodges was wounded in the abdomen.

The DA says Hodges put his right hand behind him as backed away, and the officer feared he and the clerk were in danger if Hodges had a weapon.

Police later found that Hodges had bags of marijuana.

Hodges has a federal civil rights wrongful shooting lawsuit pending against the department and Evans.

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