The Carver County attorney's office said Friday it won't file criminal charges against an off-duty deputy sheriff who shot and wounded an unruly patron at a Kwik Trip store in Norwood Young America last April.

The shooting occurred when McLeod County Deputy Matthew Allen Wyatt struggled with Michael Thomas Montgomery while trying to stop him from drinking and driving, according to the attorney's office. Montgomery, 23, was shot in the arm. Wyatt suffered a concussion and other injuries.

County Attorney Mark Metz said the decision not to file charges followed investigations by the state Bureau of Criminal Apprehension and an independent expert on police use-of-force cases.

The attorney's office said Montgomery, who lives in Norwood Young America, has been charged with two counts of felony assault and one count of driving under the influence. His court appearance is Sept. 4.

Susan Feyder