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      Update: Cole County shooting

      Update: Monday 12/29

      The highway patrol wraps up an investigation of a deputy-involved shooting in Cole County, but the report remains sealed at the prosecutor's office. Prosecutor Mark Richardson will decide whether the unnamed deputy acted within reason when he shot 18-year-old Storm Walker.

      Original story:

      One man is behind bars, his brother is nursing a gunshot wound, and a Cole County Sheriff's Deputy is on administrative leave.

      That TMs the outcome of a domestic disturbance call that happened Saturday night at a trailer on Rademan Lane, that's off of Frog Hollow Road just outside of Jefferson City limits.

      Sheriff TMs deputies say an 18 year-old man didn't follow their instructions and they no choice but to shoot. But the shooting victim's family says he was just talking on his cell phone and that deputies didn't warn before shooting.

      It's not the way Alyssa Conn expected the night to end, with her boyfriend Abe Walker in jail for assault, and his brother Storm in the hospital.

      Earlier Saturday night she invited some friends over to provide a buffer since she and Abe had been arguing. Abe told them to leave.

      "They left, went up to my mom's house, called the cops, saying that he was doing all this stuff he never did, said Alyssa Conn, whose boyfriend is now in the Cole County jail for an assault charge.

      Sheriff's deputies were told that Conn had been beaten, choked and threatened with a rifle.

      When they arrived around 7p.m., they ordered everyone outside, but say, Storm didn't cooperate.

      "The second individual was told to come out, said Cole County Sheriff Greg White. He came to the door and allegedly made a movement that one deputy took as threatening to another (deputy) and fired, wounding that suspect."

      But Conn says that wasn't the case. She says Storm didn't know the police were there since he was in a back bedroom making a phone call. He only came out when he heard his brother yelling for him.

      "He has the phone in his hand like this, gets to about right here in front of the door, and next thing you know, gunshot happens, said Conn.

      Storm Walker was hit in the arm, but then the bullet ricocheted bullet into the wall.

      Conn says deputies never warned they were about to shoot.

      "They shot an innocent guy for no reason, said Conn.

      Conn says the whole incident was blown out of proportion, and that no one inside was ever in any harm.

      But Cole County Sheriff Greg White says his deputy did everything right, given the situation.

      "Domestic violence situations, tempers are already incredibly elevated, you frequently have people under the influence of alcohol or other drugs, making bad judgment decisions throughout a process, never know how a person's going to react."

      The Highway Patrol's Division of Drug and Crime control is investigating the shooting.

      We talked with Storm Walkers father Sunday night. He says he was on the other end of the call when his son got shot and says he heard the whole thing. He says he never heard deputies warn his son that they were about to shoot.

      The father says Storm is out of the hospital and says doctors say the bullet was about two inches away from hitting his heart.

      Meanwhile, Conn's boyfriend is spending another night in jail with no bond. Abe Walker has been charged with third degree domestic violence.

      Sheriff White says the prosecutor will review more charges Monday.