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VANCOUVER, WA (KPTV) – The Clark County Prosecuting Attorney declined to file charges against a delivery driver who shot and killed a man last month in Vancouver.

The shooting happened in the 700 block of Waterfront Way just after 4:30 a.m.

Justyn Vallandingham, 35, was delivering newspapers in the area and had left his vehicle unlocked and running, according to the Vancouver Police Department. When he returned to the vehicle, he found Kin Bossy, 29, sitting in the driver's seat. Vallandingham pulled out his gun and pointed it at Bossy, who leaned toward the vehicle's center console. Fearing that Bossy was trying to reach for a weapon, Vallandingham fired his, according to VPD.

In a letter to Vancouver police detective, Senior Deputy Prosecutor Jeff McCarty wrote that Bossy appeared to be committing a felony against Vallandingham, who feared immediate danger or death. Vallandingham, who has a concealed gun permit, told police that when he saw Bossy turn away toward the vehicle's center counsel, he thought he was reaching for a weapon, so he shot him. He took cover behind public restrooms and called 911.

Around the same time, several nearby residents also called to report the shooting.

When police arrived, Vallandingham was detained. They found Bossy sitting in the vehicle suffering from gunshot wounds. Bossy was pulled from the vehicle, and life-saving measures were given, but he was pronounced dead at the scene. The letter noted that "a large knife fell out of Bossy's right-side pocket and that he was wearing blue rubber gloves."

The only other witness to the shooting was Bossy's associate, who told police that they had used methamphetamine before driving to the Waterfront to use a public restroom. Bossy told him he was going to steal Vallandingham's car. His associate drove further down the street. The associate said he saw Vallandingham approach the vehicle and fire the gun.

The letter said there was no surveillance video available that captured the shooting.

In summary, Vallandingham told police he believed his life was in danger when he fired the gun, and Bossy was in the act of committing a felony while armed with a deadly weapon. "Due to the darkness of the early morning would cause alarm any reasonable person" and that Vallandingham was not unreasonable under the circumstances.

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