BAKERSFIELD, Calif. (KERO) — A Critical Incident Review Board has deemed the use of force of a Kern County Sheriff Deputy, who shot a man armed with an airsoft gun, within departmental policy.

KCSO said on Dec.. 15, 2020, deputies were serving a search warrant at an illegal casino in the 2400 block of E. California Avenue. During that operation, two men exited the casino and undercover deputies confronted them, identifying themselves as law enforcement and telling the men to get on the ground.

KCSO said one of the men pulled what deputies believed to be a handgun and pointed at KCSO Deputy Brandon Geherty. KCSO said Geherty fired his weapon striking the man in the upper legs.

The man dropped the gun and it was later determined to be an airsoft gun, according to KCSO.

The man was taken to a hospital where he was treated and released. He was arrested for brandishing a firearm or deadly weapon to avoid arrest and obstructing/resisting an executive officer. KCSO said he made bail and is out of custody,

KCSO said the Critical Incident Review Board determined the force used by Geherty in this incident was within departmental policy. Geherty has been returned to duty following the findings