Was he a suspect or a victim ? A Florida sheriff says an unarmed man -- mistaken for a car thief and shot by deputies in his own driveway -- is both . He refused to obey commands and lunged at the deputies who fired their weapons 15 times to subdue him , they say . Roy Middleton , 60 , was hit by two of those rounds in his legs . He is in good condition at a Pensacola hospital after a metal rod was placed inside his shattered left leg . `` The tragedy of this is the noncompliance to the directions of law enforcement officers , '' said Sheriff David Morgan of Escambia County , Florida . `` Had that occurred we would n't be having this discussion . It 's a tragedy all the way around . He is both a suspect and a victim . '' 'Like a firing squad ' The bizarre story started Saturday around 2:30 a.m. as Middleton was returning home . Searching for a cigarette inside his White Lincoln Town Car , he appears to have been mistaken for a car thief by a concerned neighbor who called 911 . Escambia County Sheriff 's Deputy Jeremiah Meeks and Sgt . Matthew White responded to the call . This is where the story takes a fork in the road . Middleton 's family said he was not feeling well enough to discuss what happened to him . But earlier this week , he told the Pensacola News Journal that he first thought someone was joking when they yelled at him to , `` Get your hands where I can see them . '' He said that as he was turning around to face deputies with his hands raised , they opened fire . `` It was like a firing squad . Bullets were flying everywhere , '' he told the News Journal . Deputies feared for their lives . But the deputies involved told a different story . Meeks fired 12 shots and White fired three times , authorities said . They are now on paid administrative leave . Five of the bullets hit the White Town car , which was parked under a carport in a dark area of the property . The deputies were in fear for their own safety , according to the sheriff . `` He came out of the car with more of a lunging motion coming out of the car , and the deputies were standing behind him and he had what appeared to be a metallic object in his hand , '' Sheriff David Morgan said . Not buying it . But Middleton 's family does n't believe that story . His mother , Ceola Walker , 77 , told CNN that her son was holding his car keys with a small flashlight on the key chain . She does not believe he lunged at deputies . `` I do n't believe that . He said he did n't . I do n't believe that , '' she said . She says her son is incredibly lucky . `` They could have hit his upper body , but they did n't ... .God just shielded him . I know he did , cause they was trying to kill him , '' she said . Andre Lauzon , who lives next door and witnessed the incident , said it lasted less than 30 seconds . Deafening gunfire . He was out smoking a cigarette on his front lawn when the deputies arrived , he said . His view was obscured by darkness , and at one point he lost sight of Middleton . But the sound of gunfire , he said , was deafening . `` I 'm very surprised that all they did was hit him in the leg , '' he said . Timeline , lab analysis . Lauzon says his neighbor may have had trouble getting down to the ground because he was standing between his car and the wall of the carport . `` I do n't have any doubt -- even not being able to see what was going on -- that he was complying with them , '' he told CNN. `` Maybe not in the time frame that the officer was looking for -- but it seemed he was complying . '' The Florida Department of Law Enforcement has taken over the investigation at the request of the Sheriff 's Office . `` FDLE investigators are developing a timeline and conducting interviews and crime laboratory scientists are conducting lab analysis , '' Gretl Plessinger , a spokeswoman for the agency , said in a statement . `` Once our investigation is complete , FDLE will provide the case to the state attorney 's office . The state attorney will determine whether or not any laws were broken . Walker said her son takes pain medication for a bad back . The investigation will determine whether that played a role in the incident . `` The message to the public is this was a tragedy , '' Morgan said . `` And it was a tragedy because we had an individual , a citizen , who for whatever reason , either impairment due to alcohol or drugs , or just taking it upon himself not to be compliant to following basic direct orders . '' But his mother disputes the sheriff 's theory that her son was a suspect and a victim at the same time . `` How can you be a suspect and a victim at your own house ? In your own yard , in your own car ? '' Walker asked . Appeals court : No immunity from lawsuit for ex-transit officer who killed Oscar Grant .
They fire at him , and two rounds hit his legs . He falls to the ground with a bullet in each leg. He is in good condition at a Pensacola hospital .