PORTLAND, Ore. (KOIN) — A group of outside attorneys failed to reach a consensus on whether Clark County Deputy John Feller should be charged for shooting and killing off-duty Vancouver Police Officer Donald Sahota.

Following Sahota’s death in early 2022, the Lower Columbia Major Crimes Team was tasked with investigating Feller’s use of deadly force. Once the LCMCT’s investigation ended, it was forwarded to Clark County Prosecutor Tony Golik — who then requested the Washington Association of Prosecuting Attorneys review it.

In an 11-page opinion issued by the Lewis County Prosecuting Attorney’s Office on Wednesday, it was confirmed the WAPA panel ended with a split decision.

“The WAPA panel that reviewed the case was unable to reach consensus as to the reasonableness of Deputy Feller’s actions under the circumstances. Some believed that, considering the totality of the circumstances known to him, Feller should have taken the time to verify the identity of his target,” the letter stated. “Furthermore, had he done so, he would have readily discovered Officer Sahota was at the front door. Others concluded that the totality of the facts known to Feller were such that, at the time he shot, it was not unreasonable for him to believe lethal force was immediately necessary and the man at the front door was the robber.”

Golik’s office must now decide if there will be charges.

Sahota, a 52-year-old husband and father, was killed at his house on January 29, 2022, after an armed robbery suspect randomly showed up at his house. Sahota was stabbed by the suspect and then shot to death by Deputy Feller, who claims he mistook Sahota for the suspect.

The robbery suspect — Julio Cesar Segura — surrendered at the scene. He faces several charges, including first-degree murder.

The court document listing the charges states that the first first-degree murder charge is a result of Segura committing or attempting to commit burglary in the first degree and in the course of the crime, he caused Sahota’s death.