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A 9-1-1 call was made for a heated discussion between a man and his wife. After the argument had calmed down, the responding officer shows up, kicks in the door and shoots Kevin Hughey, the home owner, who had his hands up in surrender.

"I stepped back to get out of the way of the door as it flung open," Hughey said. "I immediately saw an officer with his gun drawn. I started to put my hands up and before I could even move, he shot me."

According to News 10, Hughey filed a civil lawsuit in US District Court in Sacramento against the West Sacramento Police Departement and the city. According to the suit, the bullet went into Hughey's stomach, ricocheted off of a pelvic bone and lodged itself between two vertebrae. The suit states there was "blood gushing from Hughey's left side."It also says Hughey was rushed to the hospital, where "police literally shackled Hughey to his hospital bed" after his surgery.

Chris Wright, the officer who shot Mr. Hughey, told the investigating officer Det. Ken Fellows that Hughey fought with him and grabbed his gun, and then Hughey was accidentally shot. Investigators found Wright used excessive force and he was later released from the department. The charges against Hughey were dropped.

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According to the lawsuit, the evidence includes DNA testing showing Hughey and Wright never struggled, no gun powder residue suggesting Hughey was even near Wright's gun when it fired. Blood spatters show Wright was seven feet away from Hughey when he shot him.