It was a victory in court for the City of Albuquerque and an Albuquerque Police Department officer accused of excessive force.

In 2010, police got a call that Russell Tenorio, who is mentally disabled, had been drinking and was armed with a knife.

“He’s saying he’s going to slice his throat and I’m afraid that he’s going to hurt his wife,” the 911 caller told dispatch.

Officer Brian Pitzer was one of four officers who arrived at the scene that day. Officer Pitzer ended up shooting Tenorio in the stomach.

Tenorio filed a civil rights lawsuit claiming excessive force, but last week a jury determined that Pitzer did not use unreasonable force and dismissed the case.

The dismissal means the City of Albuquerque will not be held responsible for the incident.