The Nanaimo Mountie once found guilty of aggravated assault for shooting an unarmed man at a traffic stop in 2009 has been acquitted following a retrial.

Const. David Pompeo was convicted of the charge in 2013 and sentenced to two years’ probation and community service.

But the B.C. Court of Appeal overturned the decision a year later, saying the original judge excluded testimony from a witness who said Pompeo was justified in using force.

A retrial was ordered and on Wednesday, a judge acquitted Pompeo of the assault charge.

Pompeo previously testified that he pulled over William Gillespie in Chemainus in September 2009 when he suspected he was driving under the influence.

He told a judge Gillespie made “blatant movements and gestures” leading him to believe he was armed.

Pompeo then shot Gillespie in the shoulder, and later claimed his use of lethal force was necessary to save his own life.

Gillespie said during the original trial the incident caused him to suffer from post-traumatic stress disorder, and that he still had a bullet lodged close to his spine.

He’s already settled a civil lawsuit he filed against Pompeo, who is still a member of the Nanaimo RCMP.