An 18-year-old Exeter man paralyzed during an officer-involved shooting in Woodlake has been charged with three felonies after prosecutors say his actions led to officers opening fire.

Nearly three months have passed since the April 26 shooting outside a Woodlake school. While Adonis Serna's story differs from that of law enforcement, the Tulare County District Attorney's Office said they will let the evidence speak for itself.

"We look forward to putting the evidence in front of a Tulare County Superior Court Judge as soon as the defense is ready for the preliminary hearing," said Stuart Anderson, spokesman for the DA.

A further hearing in the case is set for July 19.

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Anderson said no additional comments would be made until after the case goes to court.

Serna, who woke up two weeks ago from a coma, likely won't be able to attend the hearing when charges are formally read in Tulare County Superior Court.

Serna, who remains in a San Jose hospital bed, was charged late Wednesday with two counts of assault on a peace officer with a deadly weapon, auto theft, and resisting arrest.

Douglas Hurt, Serna's attorney in both the criminal complaint and a civil action filed on Wednesday against the officers and cities, claims his client didn't know the plain-clothes officers, in unmarked cars, without lights were law enforcement.

The officers involved in the case include Woodlake Detective Oscar Robles and Exeter Detective Kevin Phelps. The officers were allowed to return back to work following a standard paid administrative leave.

Prosecutors also claim Tulare County Detective Bari Molyneux tried to arrest Serna, but Serna resisted.

"He was shot in the back five times," Hurt said. "How is that even possible."

Conflicting accounts

On April 26, Serna says he borrowed a 2007 Dodge Caravan from a friend to visit his 1-year-old son in Woodlake. The van had been reported stolen out of Porterville. He will not reveal the name of the friend whom he borrowed the car from.

Detectives from the Woodlake and Exeter police departments said they spotted the car on Sequoia Avenue near Woodlake High School. At the time of the shooting, Robles and Phelps said they yelled commands for Serna to stop but he rammed into their car.

"It's unknown as to why he did that," Woodlake Police Chief Mike Marquez said during an April interview. "He stopped the car. Officers exited and attempted to approach, at which time he put the car into reverse and tried to strike the officers."

Serna says the van was actually turned off at the time. All he remembers is being shot and people yelling at him to throw the keys. He was unaware police shot him, he said.

It's not known what Molyneux was wearing or if he was driving at the time.

"How was he supposed to know police were even in the area," Hurt said.

Producing the evidence

Once charges have been filed, prosecutors must turn over all evidence to the defense, Hurt said. So far, he has not heard a response from prosecutors regarding his request.

Hurt believes a recent Visalia Times-Delta article prompted the DA to file charges.

"They got their feelings hurt," he said. "They should have decided not to charge my client and instead investigate the police for their reckless behavior."

Despite Hurt requesting evidence be preserved, he discovered in June that prosecutors had released the vehicle Serna was driving, The van has since been returned to the owners and turned over to a Fresno-based salvage company.

"They've destroyed evidence. The angle of the bullet holes would show the position of officers, which would determine if they were in harm's way," Hurt said. "I don't know if it was a conscious effort on their part to destroy evidence but it sure looks like it."

The U.S. Department of Justice recommends police refrain from shooting into moving vehicles unless someone inside is shooting at them. None of the agencies involved would discuss the case or explain the officers' actions.

If prosecutors do not hand over evidence by July 19, Hurt said he will ask the judge for a court order demanding they do.