SAN FRANCISCO (AP) — A lawyer for the suspect arrested following the shooting of a San Francisco police officer says his client did not have a gun on him when the officer was shot.

Deputy Public Defender Stephen Olmo asserts that Officer Adam Shaw was hit in the shoulder by his partner and not by the suspect, 50-year-old Jeffrey Ruano.

The San Francisco Chronicle reports Ruano made his first court appearance Wednesday. He did not enter a plea to charges including assault with a deadly weapon on an officer for allegedly trying to run down Shaw and his partner with his car.

Ruano is not charged with shooting at the officers. He was arrested Sunday following a manhunt.

The bullet that struck Shaw has not been recovered. Police Chief Greg Suhr said Monday that investigators haven’t ruled out friendly fire.