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PITTSBURGH (KDKA) – An East Pittsburgh police officer charged with criminal homicide in the fatal shooting of Antwon Rose II has waived his preliminary hearing.

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Officer Michael Rosfeld was due in court on Friday, but will now face formal arraignment on Aug. 22.

Last month, Rosfeld pulled over a vehicle matching the description of one seen leaving the scene of a drive-by shooting minutes before in North Braddock.

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(Photo Courtesy: Allegheny County Jail)

With the vehicle stopped, Rosfeld exited his cruiser, drew his weapon and ordered the driver out and to the ground. The driver complied and as Rosfeld turned his attention to the passengers in the vehicle, the person in the front seat got out.

Rosfeld said that person turned his hand toward him and he observed something dark, which he perceived to be a gun. Rosfeld said he took cover behind his cruiser to obtain a better view and fired his weapon. At the same time, the second passenger fled from the vehicle.

Police had Rosfeld go through the timeline of events once more. This time, Rosfeld said he did not see a gun when the front seat passenger got out and ran.

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Officers confronted Rosfeld about the inconsistency in his report and he stated he did see something in the passenger’s hand, but was not sure what it was. He also stated that he was not sure if the passenger with his arm pointed in his direction was still pointing at him when he fired his weapon.