CORTLAND, N.Y. (WHCU) — A Cortland County Sheriff’s deputy has been cleared in a January shooting. 

CNY Central.com reports District Attorney Patrick Perfetti says 58-year-old Steven Burda posed a threat to officers serving him with an eviction notice on January 29. Despite efforts to deescalate the situation, including the use of non-lethal force, authorities say Burda shot in their direction. Sergeant Anthony Phelps returned fire, striking Burda in the leg.

The Cortland County grand jury has indicted Burda but cleared Phelps of wrongdoing in the shooting.