DENVER -- The Denver police officer who shot and killed an unarmed 63-year-old bedridden man will not be charged, Denver District Attorney Bill Ritter announced Wednesday morning.

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After a three-month investigation, nine of the 12 members of the grand jury could not come to an agreement on whether there was enough evidence to indict Officer Ranjan Ford Jr. Ford had mistaken a soda pop can for a weapon and shot and killed Frank Lobato on July 11.

"If the citizens, who have every good intention, sit and listen to the evidence and can't get to a place where nine of them can agree that he should be indicted, using a probable cause standard, then I can't ethically go forward believing that I can convince 12 people beyond a reasonable doubt that he's commited the elements of the crime charged," Ritter said.

In August, Ritter said that he will hold off on pressing charges against the officer pending the outcome of the grand jury's probe. Ritter said that the facts developed in the investigation made it appropriate to have a grand jury panel review the facts, evaluate the evidence, assess credibility, and then decide whether to return an indictment.

Lobato's case is the first time in 12 years that a police shooting case had been sent to the grand jury.

Officers had gone to the west Denver home on July 11 looking for Lobato's nephew, Vincent Martinez, who was wanted on suspicion of beating his wife and holding her hostage. When no one answered knocks on the front door, officers climbed in through a window, using a ladder borrowed from the fire department. By that time, Martinez had escaped by jumping out of that same second-story window and Lobato was the only person in the home.

Lobato was apparently laying in bed watching TV when police officers climbed through and opened his closed bedroom door. He was shot once in the left side of his chest and died at the hospital. Relatives said Lobato was an invalid who needed crutches to move around.

Ford, 34, said he saw Lobato pick up a shiny object that he thought was a gun. That object turned out to be a soda can.

Lobato's shooting touched off protests demanding that Ford be fired. Ford was placed on paid leave but expected to return to his job as a patrol officer for District 6.

Ford has no police record and no disciplinary problems in Denver. He joined the department in 2001 after working in Jasper, Texas, where his police chief said he was a model officer.

Ford's attorney said Wednesday that he was pleased with the grand jury's findings and feels that it's a vindication of what happened on that day.

"The last thing a police officer wants to do is to take a life and certainly to take a life under these circumstances. Certainly, he is remorseful of what occurred. If he could turn the clock back, it would not have occurred. But it did occur and the grand jury has indicated that there will be no criminal charges coming from it," said David Bruno, Ford's attorney.

Ritter said the conclusion of the grand jury investigation and the adoption of its report effectively concludes the criminal investigation into Lobato's death.