PALMYRA, MO (AP) -- A northeast Missouri judge determines probable cause to continue the case against a former Marion County

deputy charged in a shooting that left a man confined to a wheelchair.

Larry Uhlmeyer will be arraigned Dec. 3. He was arrested in August and charged with first- and second-degree assault in the

2007 shooting of James Rudd.

Uhlmeyer's attorney told the judge that Rudd's videotaped deposition did not offer enough evidence to find probable cause.

But prosecutor Tom Redington says Rudd told investigators he was shot three times in the back.

The shooting happened at Uhlmeyer's rural home. Authorities say his wife went into the garage in the morning and found Rudd

sleeping in a vehicle, leading to a confrontation with Uhlmeyer.

Uhlmeyer is free on bond.

(Copyright ©2008 by The Associated Press. All Rights Reserved.)