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Armed Man Shot by Stockton Officer is Later Released from Custody

STOCKTON -- The Stockton Police Department reports an armed man shot by an officer Sunday has been released and will not be booked into jail.

Just before midnight, several callers told law enforcement that they had heard multiple gunshots while a large party was going on in the area of Watercourse Street near Dayton Herzog Lane. One caller said they heard gunshots then watched as three people hopped a fence into their backyard.

The man's gun, which was found on the ground after he was shot by a Stockton officer. (Credit: Stockton Police Department)

When officers got to the area just after midnight Sunday, they too heard gunshots then spotted a 21-year-old man running at them with a gun in his hand.

The department says an officer identified himself as police and told the man to drop the gun. Police say when he did not drop the gun, the officer, identified as 5-year veteran Rodger Holscher, feared for his safety and shot at the man three times, hitting him once.

A semi-automatic pistol was found on the ground near the 21-year-old.

According to the police department, the man had already been released from the hospital as of Sunday afternoon. While he could be charged in the future, the San Joaquin District Attorney's Office and the police department decided not to book the 21-year-old into jail.

FOX40 reached out to the DA's office for comment on why charges have not been filed, but the office says the incident is pending and they will not comment until it is complete. Stockton police also said they cannot comment on the investigation but did say that the man who was shot might have been in an armed confrontation with another man before running toward police.

The department says the officer involved has been put on three days paid administrative leave.