An investigation remains ongoing after a shooting occurred on Tuesday involving a senior citizen and an off-duty Customs and Border Protection officer.

According to an arrest report, a man who lives in a home along Northeast 71st Street in Miami woke up to noises outside his home and found 77-year-old Ruel Maxwell trying to open his front door.

That homeowner pushed Maxwell up against the wall and hit him several times before calling the police, per the arrest form.

Soon after that incident, police said a woman walking her dogs saw Maxwell trying to break into her car and that woman alerted the off-duty CBP officer who was also in the area.

The arrest report states that when the off-duty officer confronted Maxwell, the elderly man allegedly pulled out a gun, pointed it at the car and fired a shot, then fired toward the off-duty officer, hitting a garage door, before the officer fired back at Maxwell.

Neighbor Adam Duke told Local 10 News he heard the gunfire himself.

“The guy shot at him, he shot back and the uniformed police showed up right away like within a couple of minutes,” said Duke.

On Wednesday, a court hearing was held for Maxwell and an attorney was there on his behalf.

“He has dementia judge,” said attorney Rick Meyerson. “He lost his wife two years ago. His only crime is truly this: he owns guns. If Mr. Maxwell didn’t own his guns prior to him having Alzheimer’s, he would never be an issue.”

The attorney told the judge he wans to help his client and remove all of his guns.

Ultimately, the judge decided Maxwell needs to have a medical evaluation and then seem him back in court.

Another hearing is scheduled for Wednesday afternoon.

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