BAKERSFIELD, Calif. — The Kern County Sheriff's Office announced a Critical Incident Review Board determined a shooting involving a deputy and a stolen vehicle suspect in Oildale was "within departmental policy."

On Sept. 15, Deputy Ubaldo Weiss was investigating a stolen vehicle in Oildale with two people inside, when the suspect, Ricardo Usher, ran at him from behind holding something in his hand.

Deputy Weiss fired two shots stopping Usher who was taken to the hospital.

Sheriff Donny Youngblood said investigators discovered afterward that he was holding a cell phone.

After reviewing all the facts involved in this case, the Critical Incident Review Board determined the force used by Deputy Weiss in this incident was within departmental policy. Deputy Weiss has been returned to duty.

Usher was charged with resisting an officer and obstructing/resisting a peace officer.

Usher's bail is set at $500,000 and he is due back in court on Nov. 16.