(Yuba-Sutter, CA) – In Yuba County Court yesterday, the man shot last week by a Yuba County Deputy in Olivehurst had his first court appearance. 65-year-old Howard Barton pled not guilty to assaulting a peace officer with a deadly weapon and resisting an officer through threats of violence and force.

The Appeal-Democrat identified the deputy as Jose Roque and reports that his body-cam footage was played at yesterday’s arraignment. It reportedly showed Deputy Roque, who was responding to a medical aid call, being approached by Barton, who is armed with a meat clever and a hammer. The deputy is repeatedly telling Barton to “stay back” at which time he pulls his service revolver, and warns Barton three times that he will fire if Barton continues moving towards him. In the video the deputy then pulls the trigger, shooting Barton in the leg once, immediately after Barton took a step in the deputy’s direction “with one of the weapons raised above his head in an apparent striking motion.”

Additionally, the judge revoked Barton’s bail. He is due in court again on the 12th.