From [HERE] A New Jersey police officer who shot and killed a man during a chase has resigned in lieu of discipline. New Brunswick Police Officer Brad Berdel has filed for a state disability pension.

Weak prosecutors decided not to indict Berdel and a partner in the 2011 shooting death of 46-year-old Barry Deloatch. Authorities said Deloatch had threatened the officers with a board.

Police said Deloatch fled when Officers Brad Berdel and Daniel Mazan approached him and two other men on Sept. 22 because the officers said the men were behaving suspiciously. The chase ended with Berdel shooting Deloatch once, killing him. (what exactly made them suspicious? - bw)

Police said the 46-year-old Deloatch threatened Officer Mazan with a wooden board. But Deloatch’s family said he was unarmed, and prosecutors noted the officers didn’t have their police-issued batons at the time. Berdel also didn’t have his chemical spray. The bullet struck Deloatch in the left side of his body, piercing his aorta.

Capt. Joseph Miller tells The Home News Tribune of East Brunswick ( http://mycj.co/SqgVYS) Berdel was facing discipline for failure to carry and maintain the pepper spray that officers are issued. His partner did not violate any policies. Deloatch's family is suing the city and is seeking a federal investigation.