DESOTO COUNTY, Miss.– A man who was at the center of a police shooting earlier this year is now suing the Desoto County Sheriff’s Department.

WREG was there when Blaine Samudio was taken from court and led back to jail after being shot by a Desoto County Sheriff’s deputy back in April.

Samudio claims officers used excessive force when he was shot outside a Horn Lake auto store. Now he’s going after the officer who shot him and wants $5 million in damages.

In the lawsuit filed last month,  Samudio says his civil rights were violated and excessive force was used when Sheriffs deputy Trevor Blocker detained him. According to the suit. Samudio was at this O’Reilly’s store in Horn Lake when the officer approached and asked who owned the vehicle he was driving.  

Samudio, saying the car was his, gave the officer his drivers license and waited in the car. He said he was never told he why he was being questioned or that he was under arrest.

But the lawsuit said when he cranked the vehicle because of the outside temperature, Officer Blocker shot him in the arm.

He also said he then tried to escape the shot by putting the car in reverse, but the officer fired again, hitting him in shoulder and face.

Samudio’s attorneys told WREG by phone Friday their client was complying with the officer and was just fired on.

Back in April, Desoto County Assistant District Attorney Luke Williamson told us the officer received information about stolen property and its why he approached Samudio.

“That encounter led to a suspicion of a crime and the Sheriff’s Deputy did discharge his firearm,” Williamson said.

The incident report said the Deputy feared for his life after Samudio attempted to run over him when he was ordered out of the vehicle.

“This was a situation where because of what happened during the encounter, the officer had to feel like his safety was in danger,” Williamson said.

The Assistant DA said he was unaware of Samudio’s new lawsuit, but he said the aggravated assault and resisting arrest charges against Samudio are pending.

Samudio was locked up in July for parole violations. He remains in jail and will be back in court on those charged after the first of the year.

The Desoto County Sheriff’s Office would not comment on the case, referring us to the Mississippi Bureau of Investigation.

WREG was told the MBI’s investigation is complete, but we have not heard back on the findings.