TRENTON, N.J. (WPVI) --An investigation continues in Trenton after a fatal weekend shooting involving an off-duty police officer.
It happened around 10 p.m. Saturday during a party following a funeral in the 500 block of Roosevelt Street.
Witnesses say the man who died, 34-year-old Alfred Toe, grabbed a gun from his brother's car and pointed it at another man.
According to prosecutors Toe's brother, 30-year-old Constantine Toe, disarmed his older brother but was shot in the hand in the process.
That's when off-duty officer Shaheen Miles, who was attending the party in civilian clothes, stepped in. He ordered Constantine Toe to the ground to confiscate the gun, and Constantine Toe complied.
Investigators say, at that point, the off-duty officer was holding Toe's weapon in one hand, and his own weapon in another.
When Alfred Toe saw his brother held on the ground by an unknown man with a weapon in each hand, he went after the officer.
"There was a struggle that occurred, seemingly with Alfred trying to get one of the weapons. Then one of the guns was discharged and Alfred Toe was shot in the chest," said acting Mercer County Prosecutor Angelo Onofri.
Alfred Toe's nickname was Yobo. An Army mechanic, he was a married father with a four-year-old and a child on the way. He was home on leave from Hawaii.
His friends claim Ofc. Miles was drinking with them all day at the party before the shooting
"They tell you not to drink when you're driving, your judgment is off. Why are you a police officer, you drinking, with a gun on you? Your judgment is off, you don't know who is who," said Siemubonue Torh.
The prosecutor says someone who was with the officer says he had a glass of wine early in the day but did not continue drinking.
The investigation is continuing and will be reviewed by the Attorney General's office to see if any charges are warranted