Minnesota law could save the policeman who fatally shot and killed Daunte Wright, 20, from a crime charge, civil rights attorney David Henderson said Monday.

“I think the officer should have been fired immediately because there are no return points for making mistakes in your job, but given that, I don’t think you can charge this officer with a Minnesota law crime . ” said Henderson.

Wright was stopped at the Brooklyn Center in the Minneapolis suburb for allegedly hanging an air freshener on his rearview mirror, which is illegal in Minnesota.

Brooklyn Center Police Chief Tim Gannon said at a news conference that he believed the officer who shot Wright made a mistake based on footage from the body camera and mistakenly believed she had a taser and not fired their gun.

Henderson, a former prosecutor and CNBC employee, said beyond the fatal shots, further steps should be taken to ensure what happened on Sunday doesn’t happen again.

“I think if officials can’t tell the difference between firearms and tasers, we need to reevaluate whether or not to wear tasers,” Henderson said on CNBC’s The News with Shepard Smith.

The State Bureau of Criminal Apprehension investigated.