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A grand jury ruled Thursday that a Montgomery County police officer was justified in his use of deadly force June 6 when he shot and killed a Gaithersburg man inside a Silver Spring apartment building.

Third District Officer Nathan Kane, who had been on administrative leave during the investigation, will not be indicted on criminal charges in the death of 25-year-old Hector Jose Marinero of the 18700 block of Walkers Choice Road. Kane will return to duty "as soon as possible," said his attorney, Jim Shalleck.

County police said in June that Kane and Officer Cory Brodzinski saw a man with what appeared to be an ASP baton, a tactical, club-like weapon issued to police, outside an apartment in the 700 block of University Boulevard East.

The officers stopped to investigate but the man had left.

Two people then brought the officers inside the building and led them to a basement apartment. Inside the unit, the officers encountered Marinero. Police said the baton was with him in the living room of the apartment.

Marinero then led Kane, who had been with the department for 17 months, to a rear bedroom, where police alleged that Marinero produced a handgun. Two shots were fired and Marinero was struck.

Officers began life-saving procedures until fire and rescue arrived. Marinero was then taken to a hospital where he was pronounced dead.

One of the two shots fired in the incident was recovered: a .40-caliber round, the kind issued to police. Marinero was struck in the head with a round from a .22-caliber handgun. A .22-caliber handgun was found where Marinero was when shots were fired.

Details on why the grand jury ruled Kane's use of deadly force was justified are unavailable because grand jury deliberations are sealed from the public.

"He walked into a situation and it was necessary to use lethal force," said Assistant State's Attorney Robert Hill of the incident.

Hill said the investigation followed standard procedure for the use of deadly force in any incident involving county police. In those cases, investigators from within the police department's major crimes division interview witnesses and representatives from the State's Attorney's office — in this case Hill — will oversee the investigations. The cases are then presented to a grand jury.

Shalleck said he and Kane were notified Thursday only that the grand jury ruled not to indict Kane and that he could return to work.

"We are glad that grand jury investigation is over," Shalleck said, adding that Kane would not be available for comment.