A New Brunswick police officer who shot and killed a man during a chase has resigned in lieu of discipline.

Officer Brad Berdel has filed for a state disability pension.

A grand jury declined to indict Berdel and a partner in the 2011 shooting death of 46-year-old Barry Deloatch. Authorities said Deloatch had threatened the officers with a board.

Capt. Joseph Miller tells The Home News Tribune of East Brunswick that Berdel was facing discipline for failure to carry and maintain the pepper spray that officers are issued.

His partner did not violate any policies.

Deloatch's family is suing the city and is seeking a federal investigation.

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