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The Kern County Sheriff's Office critical incident review board cleared a deputy who used lethal force in a Sept. 15 officer involved shooting that resulted in injuries to a man.

On Monday, the board found Deputy Ubaldo Weiss’ use of deadly force to be within departmental policy, and the deputy has returned to duty, according to a KCSO news release.

On Sept. 15, Ricardo Usher, 31, ran at Weiss, who was investigating a stolen vehicle in the 100 block of Moneta Avenue with what the deputy believed to be a weapon in his hand, Sheriff Donny Youngblood said during a recent news conference about deputy-involved shootings.

Usher was shot and suffered non-life threatening injuries and the object in Usher’s hand ended up being a cell phone, according to KCSO.

KCSO’s critical incident review board consisted of Chief Deputy Larry McCurtain, Chief Deputy James Morrison, Acting Chief Deputy Avery Simpson and Commander Erik Levig.