PORTSMOUTH, Va. (AP) — Police in Virginia say officers have shot and killed an armed suspect and took another into custody after the duo refused to surrender.

Portsmouth police said in statement that officers responded to a call late Sunday and were confronted by the suspects outside an apartment complex.

Virginia State Police took over the investigation Monday. They identified the man who died as 29-year-old Willie Rogers Marable. The other suspect was charged with attempted burglary and is in custody.

Marable's mother questioned the circumstances of the shooting. Lorri Flythe says her son lived with her in Portsmouth and didn't own a gun. She also said that her son had a hand deformity that would have made it difficult for him to fire a weapon.