NEW YORK (CBSNewYork) — One of the four police officers involved in the fatal shooting of African immigrant Amadou Diallo 13 years ago has gotten his gun back.

The NYPD confirms that 41-year-old Officer Kenneth Boss has been reissued the department’s standard 9mm weapon.

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1010 WINS’ Juliet Papa reports

Police Commissioner Ray Kelly authorized the return of his service revolver even after the courts rejected Boss’ lawsuits to get his gun back.

In February 1999, Boss fired five of the 41 shots, killing the unarmed 24-year-old Bronx man who officers mistook for a rape suspect. Officers opened fire on Diallo as he reached for what they thought was a gun. He was reaching for his wallet.

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Boss and the other officers were cleared of criminal charges.

He is the only one of the four officers still on the force; one retired and the other two became firefighters.

In 2006, Boss took a leave from the NYPD to serve in Iraq for seven months with the Marines. He earned a medal for exemplary service.

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Boss is currently assigned to the Special Operations Division at Floyd Bennett Field in Brooklyn.