The Birmingham News BIRMINGHAM, Ala. (AP) -- Birmingham police officers were justified in fatally shooting a mentally ill man who had fired shots at them, Jefferson County District Attorney David Barber said. Barber issued his findings in the killing of Benjamin Griggs to police officials Thursday. Members of Griggs’ family have called the Aug. 6 shooting “overkill.” They met with Police Chief Annetta Nunn to discuss the findings Thursday, then left without comment. Nunn said that on the day of the shooting, officer Willie Smith was called to the home of Griggs, 58, on a report of a person with a gun. Smith saw Griggs armed with two .38-caliber handguns and tried to talk to him, Nunn said. When Griggs reached for a weapon, Smith took cover behind his police cruiser. Griggs fired one shot that pierced the patrol car’s windshield, Nunn said. She said Griggs retreated to his home and more officers arrived, including the tactical squad. Police tried to talk to Griggs, but were unsuccessful. Eventually, Griggs came out and began firing, and officers returned fire, Nunn said. Nunn said her officers had no choice under the circumstances. “Our ultimate goal is to take a person into custody alive,” Nunn said. “When the officers were fired at, those standing there made the decision to return fire using automatic weapons.” Griggs’ relatives have said he served in the Army and returned from Vietnam mentally ill. He had spent time in at least three institutions and the family last attempted to have him committed a week before his death, according to reports.