FLEMINGSBURG | Commonwealth's Attorney Kelly Clarke said his office has completed its review of the investigation into the death of James Hay, and has declined further action.

"We have reviewed the entire case," said Clarke. "And, we have found the police acted completely within protocol. Therefore, we have declined to prosecute."

Fleming County Sheriff Scotty Royse and three of his deputies were on administration leave for about five days after the incident occurred.

Clarke said a letter had been mailed to the Kentucky State Police and the Fleming County Sheriff's Office, with the results of the investigation.

According to the letter, on Nov. 8, 2012, Kentucky State Police and  sheriff's deputies responded to a 911 call from Hay, who said he had assaulted his girlfriend, Carola Bivens.

When officers arrived at the residence in Beechburg, Bivens informed them Hay had a stolen shotgun and had told her to, "take their daughter away 'before of any this (expletive deleted) went down,'" according to the letter.

Officers found Hay in the backyard of the residence with a shotgun and several large knives, according to the report.

According to the letter, Hay told officers, "it is a good day to die," "you're going to have to shoot me" and that he was aware of "suicide by cop," a suicide method in which an individual deliberately acts in a threatening way, provoking a lethal response from law enforcement officers.

"Hay further stated that if he were to shoot the canine officer on the scene that officers would "be forced to shoot' him," the letter said.

Officers unsuccessfully pleaded with Hay for more than an hour to drop his weapon.  Eventually, Hay picked up his shotgun and walked toward KSP Capt. Brian Bowling, officials said.  Officers warned Hay to drop his weapon, which he ignored, the report indicated.

Hay raised his shotgun at Bowling, at which time officers "discharged their weapons to stop Hay from seriously injuring or killing law enforcement officers," according to the letter.

Hay died at the scene.

Royse said he received a copy of the letter from Clarke.

"I agree with the decision that was made," Royse said, in response to the results of the investigation. He declined further comment.

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