BOTETOURT COUNTY (WSLS 10) - No charges will be filed in a deadly fight at Happy's Food Mart in Botetourt County.
Back in September, deputies found Donald Moran on the ground after a fight with a 20-year-old.
He was taken to Roanoke Memorial Hospital where he died.
Based on surveillance video from the store and witness accounts, police determined Moran started the fight.
Deputies say he pulled out a gun and hit the 20-year-old in the head. As the fight continued, the 20-year-old held Moran by his neck until he stopped struggling.
The Commonwealth's attorney found the 20-year-old was justified in using force to protect himself.
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