A parole officer who shot a fleeing felon in the buttock last month will not be prosecuted.

The Salt Lake County attorney's office ruled Monday that Adult Probation and Parole agent Robert Poulton was justified in using deadly force against Cornell Dion Mitchell, 25, during an arrest.Mitchell, however, faces a hearing Aug. 24 in 3rd Circuit Court on two misdemeanor charges of assault on a peace officer.

Poulton and two other agents, all dressed in plain clothes, were making routine parole checks at the Colonial Motel, 1530 S. Main, about 11:30 p.m. on July 31 when they began chasing a parole violation suspect, who escaped them.

While the agents were questioning witnesses, Mitchell jumped from some bushes and began attacking agents Jeff Sundquist and Poulton, according to a criminal complaint. Mitchell, who was wanted on a probation violation, then fled. Poulton fired his semi-automatic handgun, striking Mitchell in the buttock.

Chief prosecutor Bud Ellett said Poulton believed that Mitchell had taken Sundquist's gun and was reaching for it.

Poulton still must appear before the probation department's shooting review board.