cnn's victor blackwell has this report. and we want to warn you, it does include graphic video. >> reporter: it happened in paradise, california, near chico. police say 26-year-old andrew thomas was caught speeding out of the parking lot of a local bar on thanksgiving without his suv's headlights on. officer patrick fiester chases him. the suv hits a median and flips throwing the passenger to the ground killing her. as he walks to the wrecked vehicle with his gun drawn, thomas climbs out. he fired one shot hitting thomas in the neck. they say what looks like a second shot is an illusion caused by a reflection from the pistol's flashlight. >> the officer's immediate reaction was thinking that the man was going to attempt to flee. >> district attorney mike ramsey said he could not file charges under the law. calling what happened unintentional and possibly negligent, but not criminally so.