Orange Police Capt. Robert Arnold, who shot and killed a man in July while he was off-duty, has been given an indefinite suspension which equals termination, according to Police Chief Sam Kittrell.

Arnold was in O’Reilly’s auto parts store with his daughter when James Whitehead began arguing with a store employee over the return of an auto part. Arnold tried to calm the situation, but Whitehead began cursing the officer and using racial slurs toward him. The two men moved to the parking lot, where the shooting occurred.

Chief Kittrell said Arnold has been a “discredit to the department,” shown “conduct unbecoming an officer” and has not show the public courtesy required of police officers. Last week, a grand jury heard evidence in the case and had a no-bill ruling. The grand jury determined the shooting was justified and not a criminal act. However, Kittrell said the shooting violated a number of rules of the department.

In addition, he said Arnold has had a history of “use of force” at the department in his five years and eleven months with the department. Arnold has “a pattern develop where you use force that is questionable.”