CORNWALL, N.Y. (CBSNewYork) – A grand jury will review the case of an off-duty cop who shot and killed his neighbor last night in Orange County.

Evidence markers can be seen on the driveway of a home in Cornwall, owned by Detective Rob Fitzgerald of the Town of Ramapo police in Rockland County.

Fitzgerald shot and killed his neighbor, 40-year-old Erick Gilmore, after some kind of encounter Monday night.

“I heard what I thought was a firecracker, came outside, next thing I know was all the police cars and everything,” said Cornwall resident Fred Tessin.

“It appears at this time there was some type of dispute between the two of them that led to this encounter,” Orange County District Attorney David Hoovler said.

Hoovler says a knife was recovered at the scene.

Sources tell CBS2 the victim used the knife to threaten the off-duty cop before the shooting.

Gilmore has a history of trouble in the recent past. Cornwall police confirm they arrested Erick Gilmore on March 2, and charged him with menacing a town police officer, resisting arrest, and possession of a weapon, CBS2’s Tony Aiello reported.

Gilmore lived in a yellow house owned by his father. A neighbor told Aiello off camera that the 40-year-old seemed troubled.

“I don’t think he was well. I really don’t think he was well,” the neighbor told Aiello.

Fitzgerald is well respected at Ramapo PD. He has been placed on administrative leave while the shooting is investigated.

Neighbors say he’s friendly and family-oriented.

“Last thing I expected.  Unfortunate situation,” Tessin said.

A grand jury will determine if the shooting was justified, and whether charges are appropriate.

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