By CBS3 Staff

WILMINGTON, Del. (CBS) — Three New Castle County police officers have been cleared in the deadly shooting of a man in January.

A Delaware Department of Justice report found the police were justified in shooting Lymond Moses as he appeared to drive toward them.

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Two of three officers fired at his car, killing him.

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The report does conclude that his death could have been avoided if better policing tactics were used.

Toxicology reports indicate Moses had fentanyl in his system.

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Emeka Igwe, an attorney for Moses’ family, said in a statement:

“The family of Lymond Moses is incredibly disappointed by the contents of the Use of Force report issued today by the Delaware Department of Justice. Unfortunately, we are not surprised by the report given the lack of accountability for officers here in Delaware. Delaware in its history has not prosecuted an officer for the killing of a civilian. Unfortunately, this report continues that same tradition of not holding police officers accountable for their actions.

We will continue in our quest for justice for the Moses family both through the U.S. Attorney’s Office and in the civil court system.

Ultimately though, it is imperative that officers in Delaware and around the country who don’t follow proper procedures and protocols be disciplined internally and prosecuted criminally to ensure that another family does not suffer such an avoidable tragedy.”