via KSWB:

SAN DIEGO -- (KSWB) -- District Attorney Bonnie Dumanis Tuesday released surveillance video of a fatal police shooting of a homeless mentally ill man in the Midway District.

WARNING: Video contains graphic images

Dumanis said she decided to make portions of the video public since neither the city of San Diego nor Mayor Kevin Faulconer planned to appeal U.S. District Judge William Q. Hayes' ruling to release the footage.

The judge's ruling came in a lawsuit filed by the family of 42-year-old Fridoon Nehad, who was shot by Officer Neal Browder after midnight on April 30. Browder was responding to a call about a man threatening people with a knife.

Nehad was shot as he advanced on the officer, twirling a shiny object that turned out to be a metallic pen, authorities said.

Browder fired one shot just 32 seconds after pulling up to the scene. Nehad was 17 feet from the officer when he was shot. The officer said later that he thought Nehad was going to stab him, according to Dumanis.

Everyone who came into contact with Nehad that night -- including people inside a bookstore, a bouncer at a nearby strip club and three witnesses -- thought he had a knife, according to the county's top prosecutor.

The video footage in question came from a security camera from a nearby business and was confiscated by police as part of the investigation.

Last month, the District Attorney's Office ruled the shooting was justified.

FULL STORY: D.A. releases graphic video of deadly shooting by cop - KSWB