An elderly man is charged with two counts Assault with a Firearm on a Law Enforcement Officer and Assault with a Deadly Weapon after threatening to kill his wife, and pointing a gun at police.

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WINSTON-SALEM, N.C. – An 80-year-old man is recovering Friday night after being shot by a Winston-Salem police officer.

Police say Richard Dumont Vogler is accused of threatening to kill his wife and pointing a gun at a Winston-Salem police officer.

WFMY News 2's Morgan Hightower spoke to the man's family who say dementia is to blame.

"This is so out of character for him and it was definitely not him. Not the man that we grow up with and was raised with," explained Leaann Haynes.

Haynes said her family knew her great-uncle had dementia, but it wasn't until Friday afternoon they realized how bad it was.

Winston-Salem police responded Vogler's home on Butler Street after receiving a phone call from his wife. Mary Jo Vogler told authorities her husband had a gun and was threatening to kill her.

Police say when they arrived, Mary Jo Vogler exited their home, with her husband close behind armed with a handgun. Police say Vogler ignored the officers orders to drop the weapon and instead, pointed the gun toward Patrol Officers S.P. Cox and M.J. La Valley.

Officer Cox fired one shot at Vogler, hitting him in right shoulder. Vogler went into his house, but exited shortly after and surrendered to police.

The 80-year-old man was taken into custody and is still being treated at Wake Forest Baptist Medical Center.

Officer Cox has been placed on administrative duty, as is standard procedure. Cox has been with the police department since 1999 and is currently assigned as a patrol officer in the Field Services Bureau.

SBI is investigating the officer's use of force but Haynes says, the officer did what he had to do.

"They were fearful," said Haynes.

She added, "This is not him, this is the dementia."

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Vogler has been charged with two counts of Assault with a Firearm on a Law Enforcement Officer and Misdemeanor Assault with a Deadly Weapon.

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