DURHAM — A case of mistaken identity has left a Durham man with a bullet wound and a lot questions.

Uriel Aguilar was with his wife and children when he went to a Chapel Hill restaurant Monday.

The U.S. Marshal's Office says it had information that a fugitive wanted by the DEA on a drug conspiracy charge was going to the restaurant. Aguilar fit the description of the man they wanted.

According the Marshal's Office's report, Aguilar was ordered out of a car and told not to move. That is when a Deputy U.S. Marshal "saw the driver take some action, which he observed to be a significant threat to his safety and/or the safety of others," according the report.

The deputy then shot Aguilar in the leg. Aguilar's attorney says that his client made no threatening actions.

The U.S. Marshal's Office in Greensboro and the SBI are both investigating the incident.