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Suspect in choking case is charged

A man shot by police after he allegedly tried to choke his mother was charged Friday with aggravated assault.

Court documents filed in 3rd District Court also revealed that Eugene Pierre Delgado warned a sheriff's dispatcher if deputies were sent to the house, they could expect to fight with him.

Delgado, 38, was charged with three counts of aggravated assault, a third-degree felony, in connection with Tuesday night's incident in which a deputy shot Delgado in the stomach during a confrontation at his mother's residence, near 4150 West and 5950 South.

The 7 p.m. incident began when Delgado's mother called police to report her son was choking and threatening to kill her, charges stated. Delgado's mother escaped by locking herself in a bathroom, according to charges. When the woman called police, Delgado picked up the phone from another room in the house and told dispatchers that if police responded, "They're gonna need their weapons," charges stated.

Delgado also told the dispatcher he had "access to knives and will get them," according to a search warrant affidavit filed Thursday in 3rd District Court.

Three deputies soon arrived on scene. They entered the residence, despite the phoned threat, "due to their concern for the well-being of Mrs. Delgado," court documents stated.

Delgado was combative and deputies used pepper spray twice. It had no effect. Deputies then used batons on Delgado. He successfully wrangled away deputy Stacey Marshall's baton and raised it as if he were going to strike, according to the documents. Marshall shot him once in the abdomen, court documents state.

After he was shot, Delgado continued to struggle but deputies were able to apprehend him, according to the documents. After his hospital discharge, Delgado was booked Wednesday into the Salt Lake County, where he remained Friday night. No court date has been scheduled yet in his case. Marshall has been on routine paid administrative leave since the shooting, pending the results on an investigation into the incident by the District Attorney's Office.