Updated: Man shot in the back, survives - WSFA.com Montgomery Alabama news.

Updated: Man shot in the back, survives

Police on the scene of a shooting on Shades Valley Drive 8/31/09. Police on the scene of a shooting on Shades Valley Drive 8/31/09.

Posted by: John Shryock - bio | email

MONTGOMERY, AL (WSFA) - Montgomery Police Department spokesman Captain Keith Barnett tells WSFA 12 News two men were fighting over a missing drivers license when one pulled a gun and shot the other.

The incident happened on W. Shades Valley Drive Monday just before noon. 

The victim, 53, who was shot in the small of the back, was expected to survive. Medics took him to Baptist South Hospital with minor injuries.

The suspect, 54 year-old Johnny Humphry, was arrested on the scene and charged with 2nd Degree Assault.

When asked why the suspect wouldn't face attempted murder charges, Barnett explained that state law requires proof of intent to kill someone. "Shooting them in the head..." was an example he offered as definite intent to murder.

©2009 WSFA. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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