Deputy who shot suspect at a gas station won't be charged; suspect will be

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A McLeod County deputy involved in a shooting at a gas station four months ago won't face charges for his actions – but the suspect in the incident will.

The Carver County Sheriff's Office said Friday a "thorough and independent investigation" found deputy Matthew Wyatt's actions were justified when he shot a man in the arm outside a Norwood Young America Kwik Trip.

That man, Michael Montgomery, is now charged with felony assault and DWI, the Chaska Herald reports.

The incident happened around 2:40 a.m. on April 17, while Wyatt was off duty.

According to the criminal complaint, the deputy tried to stop Montgomery from driving away while intoxicated, and Montgomery then tackled and attacked the deputy, WCCO reports.

The deputy pulled his weapon but it wouldn't fire, so he hit Montgomery in the face with the firearm. He then got it working and fired at Montgomery, striking him in the arm, the station says.

Montgomery fled and was located a few blocks away, it was reported at the time.

The Star Tribune says the decision not to charge Wyatt came after reviews by an independent expert and the Bureau of Criminal Apprehension concerning officers' use of force.

Wyatt ended up with a concussion, according to the attorney's office, and still suffers from neck pain, a sore rib and memory issues tied to the scuffle, the Chaska Herald reports.

Montgomery is scheduled to be in court Sept. 4, according to KSTP.

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