A Wayne County Deputy attempting to calm down a person identified as unstable and driving after consuming alcohol ended up shooting him in the leg after two attempts to use a Taser failed. The man is recovering in the hospital.

Sheriff Robert Milby says his office got a call late Thursday morning from the State Office of Mental Health reporting they were concerned about a patient who had refused to appear for a court-ordered mental health evaluation. Milby says a deputy found the man outside a house on Knickerbocker Road in the Town of Ontario. The man was carrying a weapon, and advanced on the deputy. The deputy backed away, but when his Taser failed, drew his service weapon and shot the man in the leg.

The case remains under investigation.

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