A Passaic County grand jury has determined that Paterson police officer Javier Gutierrez was justified in fatally shooting a 38-year-old city man in the back on New Year’s morning, officials said.

Chief Assistant Passaic County Prosecutor Michael DeMarco said Gutierrez spotted the man, Jacobe Hyatt, holding a gun during a street dispute near the BP gas station on Broadway and urged the suspect to show his hands as the officer approached him. Gutierrez said he saw Hyatt reach towards the handgun tucked in his waistband and so the officer fired one shot that hit the suspect three inches from the mid-line of his back, DeMarco said.