NEW CITY – A Rockland County grand jury has found no reasonable cause to indict Spring Valley Police Officer John Roper in the fatal shooting of Herve Gilles, 48, of Spring Valley and ruled that the officer was justified in using deadly physical force against Gilles.

At around 3:22 a.m. on December 14, 2011, Gilles was fatally shot by Roper in the parking lot on the corner of East Furman Place and Franklin Street in Spring Valley. The officer had responded to a call of Gilles throwing rocks near El Buen Gusto Bar and Restaurant at 11 East Furman Place.

Gilles attacked Roper and assaulted him after taking his nightstick and striking him, causing pain, and momentary numbness and impairment to his arm.

District Attorney Thomas Zugibe said Roper knew that if Gilles had struck him in the head, it would have killed him or rendered him unconscious and defenseless. As Gilles raised the nightstick again to strike the officer, Roper drew his service weapon and fired a shot, striking Gilles in the neck. But, Gilles continued to strike Roper with the nightstick so the officer fired another shot, hitting Gilles in the head and killing him.