OWENSBORO, Ky. (AP) – A grand jury has indicted a Kentucky homeowner who police say shot an officer he may have mistaken for a prowler.

Prosecutor Bruce Kuegel tells the Messenger-Inquirer that the Daviess County grand jury indicted David Turley Sr. on an assault charge Tuesday.

Owensboro police Officer Zach Morris responded to a report of a suspicious person in October and chased a man into an alley. The man disappeared and Morris began looking over fences. Both Turley and Morris fired their guns at that point.

Kentucky State Police officials say a bullet hit Morris’ ballistic vest, fragmented and went into his abdomen. He underwent surgery but has not returned to work. No one was hit by the round Morris fired.

Turley’s attorney, Evan Taylor, said it was unfair for his client to be indicted without being called before the grand jury.