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Man shot by Yuba County deputy released from hospital, arrested

DA: Deputy shooting in Yuba County was probable
DA: Deputy shooting in Yuba County was probable 00:25

YUBA COUNTY - A man who was shot by a deputy and hospitalized in Yuba County Friday evening has been discharged and arrested, the Yuba County District Attorney's Office said. 

Deputies responded to the 5400 block of Feather River Boulevard, south of Marysville, for a medical call around 3 p.m.

When they arrived, they said Friday they were approached by a man armed with an axe. They later identified the suspect as 65-year-old Howard Barton. 

This is when deputies said they shot Barton. 

Barton was taken to the hospital. When he was released late Saturday, he was arrested by investigators from the Yuba-Sutter Officer Involved Shooting and Critical Incident Investigation Team. 

Brandt Lowe, a Yuba County District Attorney Chief Investigator, signed a declaration of probable cause, alleging that Barton assaulted a peace office with a deadly weapon. 

The declaration said Barton "charged at a deputy sheriff while armed with a meat cleaver and a hammer."

 "It is clear after reviewing the video from the deputy's body-worn camera that the deputy acted in self-defense," said Yuba County District Attorney Clint Curry in a statement.  "I anticipate filing charges against Barton this week for assault with a deadly weapon on a peace officer."  

Barton is being held in jail pending arraignment on Tuesday or Wednesday. 

The Yuba-Sutter Officer Involved Shooting and Critical Incident Investigation Team is investigating the deputy-involved shooting. 

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