RALEIGH, N.C. — A Wake County grand jury declined Tuesday to indict a Raleigh police officer in a fatal police shooting.

On Aug. 28, 2005, officer Michelle Peele shot and killed Nyles Arrington while she was working off-duty security at a restaurant near downtown Raleigh. An earlier report stated that Peele shot the man after he got into her personal vehicle, refused to leave and then attempted to drive it away.

Peele had gotten out of her car and left her keys inside because she was distracted by a disturbance in the restaurant, La Rosa Linda Authentic Mexican Restaurant, the report said.

After the fatal incident, the State Bureau of Investigation conducted a criminal investigation of the shooting. District Attorney Colon Willoughby reviewed the investigation.

The Raleigh Police Department is finalizing its review of the administrative investigation that was conducted after the shooting to determine if there were violations of department policy. Peele remains on administrative duties pending the results of the review.