The fatal shooting of a 28-year-old man at a Birmingham apartment complex has been ruled justifiable.

Birmingham police late Friday announced no criminal charges will be filed in the Jan. 2 death of Jayvonne David Banks.

The shooting happened at 5:09 p.m. that Wednesday at Adona apartments on Aspen Run.

South Precinct officers were already at the complex on an unrelated call when they heard shots fired. They encountered two men – one of them was down on the ground, the other armed.

Banks had collapsed on the sidewalk in front of a building after being shot.  He was pronounced dead on the scene at 5:40 p.m.

The officers took the man with the gun into custody for questioning without further incident.

The investigation showed both of the men were connected to a woman who lives in the complex. The woman’s brother reportedly used a rifle to fatally shoot Banks, who was his sister’s boyfriend.

Police marked at least 14 shell casings at the scene. Police previously said a weapon was found near Banks.

Detectives presented their evidence to the Jefferson County District Attorney’s Office which ruled the shooting justified.

There have been six homicides so far this year in Birmingham. Banks’ homicide is the first to be ruled justifiable in 2023.