FOX19/AP - A 911 caller who reported a man waving a gun in an Ohio Walmart before police fatally shot him could face a charge of making a false alarm.
The man, John Crawford III, was actually was toting an air rifle he picked up from a shelf.
Fairborn Municipal Court Judge Beth Root found probable cause for misdemeanor prosecution, the Dayton Daily News reports.
Crawford was shot Aug. 5 in the Dayton suburb of Beavercreek. Police said they believed the 22-year-old had a real rifle and he didn't respond to commands to put it down.
A grand jury declined to charge the officers involved.
The judge made the ruling about the 911 caller after reviewing affidavits submitted by Greene County residents. Root wrote that the case should be referred to the prosecutor.
A call seeking comment from Fairborn's city prosecutor wasn't immediately returned Thursday.