TILTON, Ill. (WAND) - Vermilion County prosecutors ruled Tilton's police chief was justified in shooting a suspect during a May 5 encounter. 

According to Vermilion County State's Attorney Jacqueline Lacy, the shooting happened when the suspect, Robert Cunningham III, was involved a "commotion" at the Tilton Village Hall. Cunningham is accused of then fleeing in a vehicle with Michelle Burton and their two minor children at a high speed. 

Prosecutors said Police Chief Phillip Bernardi was in his office when this happened. He got in his official police pick-up truck and followed Cunningham. The suspect kept speeding to avoid authorities and violated multiple other traffic laws, prosecutors said. 

When Cunningham's vehicle stopped in the 500 block of E. 14th St., both Cunningham and Burton were arrested. 

Cunningham was in handcuffs in Bernardi's squad car. Lacy said he was able to maneuver in the back and get his handcuffs that were placed behind his back to the front of his body. When Bernardi stopped and went to the back of the vehicle to correct the suspect's handcuffs, Cunningham became combative and the police chief pulled out a stun gun. 

When the door was opened, the suspect pushed through the door, prosecutors said. The stun gun was used, but had no effect, and Cunningham then attacked Bernardi, ripping off his vest and radio as he tried to call for help, Lacy said. 

Cunningham at one point had his legs scissored around the neck of Bernardi. Lacy said Bernardi warned the suspect he would shoot Cunningham if Cunningham didn't stop choking him. The choking did not stop and Bernardi shot the suspect one time in the torso. Cunningham immediately released his legs. 

Both Bernardi and Cunningham went to a hospital for injury treatment. 

Lacy ultimately decided to not file charges against Bernardi. 

"Based on the totality of the circumstances, force likely to cause death or great bodily harm was justified," Lacy said. 

She added it was reasonable for the police chief to believe Cunningham "was either attempting to cause his death or cause great bodily harm to him by choking him unconscious." 

The matter is now considered to be closed by prosecutors.