The man who was shot after threatening two deputies with what might have been a fake gun will go before a grand jury again after his Sept 8. indictment was found to be incorrect.

Lincoln County Assistant DA Brendon Adams said Tuesday the DA’s office is going to drop the case as it is currently, and refile with the correct charges of one count of simple assault and two counts of simple assault of a law enforcement officer. Vincent Ellis Jones will have to go before a grand jury again later this year.

The charge of simple assault against law enforcement officers is a felony that carries with it up to five years in prison.

The Sept. 8 indictment described Jones shooting at the officers with a deadly weapon, incongruent with Sheriff Steve Rushing’s account of the incident in which Jones did not discharge the weapon. If in fact the gun he used was fake or otherwise not deadly, this also would have reduced the alleged crime to simple rather than aggravated assault.

Early on April 14 officers responded to a call on Chisholm Drive about a disturbance between a mother, Maria Jones, and her son, Vincent Jones.

When officers arrived, someone on the scene said a man had threatened the family with a firearm. Rushing said while officers on the scene were determining what was going on, the subject threatened the officers with the firearm as well.

Rushing reported that one of his deputies discharged his firearm at Vincent Jones. He was struck in the leg and was transported to University of Mississippi Medical Center.

Other indictments

The Daily Leader will publish indictments from the most recent grand jury session as they are served. The following indictments were served Sept. 11:

• Michael William Carroll, 12-18-80, of 608 East Independence St., indicted for robbery and conspiracy; currently in jail.

• Scotty Glenn Davis, 5-30-85, of 1067 Southeast Somerset Road, Bogue Chitto, indicted for grand larceny and conspiracy; currently in jail.

• Brittani Nicole Albauer, 12-29-88, of 1180 Berea Trail, Bogue Chitto, indicted for grand larceny and conspiracy; currently in jail.

• Zachary Carter, 12-16-97, of 3009 Cres Lane, Wesson indicted for shooting into a dwelling (house) and shooting into a motor vehicle; currently in jail.

• James B. Green, indicted for possession of a firearm by a felon; currently in jail.