Terrell said 47-year-old Marshall Rice was shot by Habersham County Sheriff's Sgt. Greg Chastain just before 1 a.m. Monday on Historic Highway 441 near Habersham Mills Road.
Chastain fired on Rice after he pulled a gun on Lt. Tonya Elrod and pulled the trigger.
The suspect's gun malfunctioned, allowing Elrod to move to safety as the man attempted to fire the gun a couple more times.
"In the process, [Sgt.] Greg Chastain opened fire on him from the rear, striking him several times," he said.
Rice was airlifted from Habersham Medical Center in Demorest to Gwinnett Medical Center, where Terrell said he was scheduled to undergo a CT scan Tuesday.
"I haven't heard any results," Terrell said Tuesday evening.
Crime scene specialists from the Georgia Bureau of Investigation returned to the scene Tuesday to retrieve a couple of bullets that ricocheted off the back of the truck, Terrell said.
Rice faces charges of aggravated assault on a police officer, with additional charges pending, Terrell said.
Terrell said Chastain has been cleared by the Georgia Bureau of Investigation in the shooting.
Timothy Barrett, also known as Emmanuel Barner, was the other occupant of the truck involved in the incident. Barrett is charged with theft by taking in connection with a jet ski Terrell said the pair stole and planned to sell to buy methamphetamine.
Barrett now also faces a charge of bondsman off bond.
http://accesswdun.com/article/2013/10/267068