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ROCHESTER, Minn. (AP) _ A police officer who thought he was using a stun gun to subdue a suspect mistakenly fired a bullet into the man's back, investigators said Friday.

The victim, Christofar Atak, was listed in fair condition.

An investigation into the Sept. 2 shooting found that Greg Siem thought he was holding a stun gun, Police Chief Roger Peterson.

The stun guns used by Rochester police look like handguns. They use an electric shock to temporarily incapacitate a person.

Atak, a refugee from civil war in Sudan, was drunk and acting violently at the time, police said.

``This family moved to get away from violence and they find themselves right back in it,'' said Atak's lawyer, William L. French.

The police chief said he spoke Thursday with Atak to apologize and explain the findings of the investigation.

Peterson said that Siem and a second officer who had both been on leave since the shooting can return to work.