A former Little Rock police officer involved in a shooting at a Chick-Fil-A in west Little Rock was found "negligent in his actions" and would be charged with third degree battery.

LRPD released the update on the investigation Monday afternoon, stating that the Pulaski County Prosecuting Attorney's Officer found that Officer Ralph Breshears was negligent and would be charged.

The investigation was open by the police department to be "consistent with departmental policy when officers use deadly force."

In the LRPD's use of force policy, "discharging firearms at a moving or fleeing vehicle is prohibited, unless it is necessary to prevent imminent death or serious physical injury to the officer or another person."

The policy also states that an officer should move away from a fleeing vehicle's path "rather than fire at the vehicle."

The incident began when 22-year-old Rudy Avila escaped from police custody and ran towards the drive-thru of Chick-Fil-A.

Avila then attacked a woman and stole her vehicle. He attempted to drive away from the scene, but Breshears shot at the moving vehicle and injured him. During the altercation, Tim Lincoln drove his Jeep in front of the stolen vehicle to block Avila from escaping.

Avila was then apprehended and was treated for non-life threatening injuries. The suspect was charged with attempted capital murder and other charges.

Little Rock police are attempting to serve an arrest warrant for Breshears. He retired from the police force in December 2017.