MESQUITE (CBSDFW.COM) – The Texas man recovering after being shot by a Mesquite police officer as he sat in his pickup, trying to get the alarm to stop sounding, is back in the hospital.

Not only is Lyndo Jones being treated for infections to his wounds and possible pneumonia, but when he was readmitted to Baylor Medical Center over the weekend doctors found another bullet in his body – bringing the total number of times he was shot to three.

During an afternoon press conference Jones’ attorney, Lee Merritt, said he is looking into why Baylor released his client from the hospital with a bullet still inside him.

Merritt also said he’s considering filing charges, especially considering Jones was in the custody of the Dallas County Sheriff’s Department while in the hospital. After the shooting Jones underwent surgery and then spent six days handcuffed to his bed because he was being charged with evading arrest – charges that were later dropped.

News about Jones’ condition comes one day after the Mesquite police officer who shot him three weeks ago was taken off the streets. On Wednesday Mesquite Police Chief Charles Cato officially announced that Officer Derick Wiley’s was on “indefinite suspension.”

The Chief said he took the action after an Internal Affairs investigation revealed Wiley had violated department policy. Chief Cato released a statement that said, in part –

“Based upon the facts and recommendations presented to me, I made the decision to place Officer Derick Wiley on indefinite suspension. This is a term used for civil service employees, but it effectively means Officer Wiley’s employment has been terminated.”

It was on November 8 when police responded to a call in the 1300 block of South Town East Boulevard about a man breaking into a vehicle and setting of its alarm.

When Officer Wiley arrived at the scene, he did indeed see a man, Jones, sitting inside a pickup as the vehicle’s security alarm was sounding. What police didn’t know at the time was that Jones was attempting to get inside the vehicle that he owned.

At some point Officer Wiley and Jones scuffled and Jones was shot. Police had said Jones was shot as he tried to evade arrest. Jones, who was not armed, denies the allegation.

Today Merritt said the “indefinite suspension” of Officer Wiley is “too little, too late.” He also said Dallas County District Attorney Faith Johnson should file criminal charges against Wiley and that she has been “derelict in her duty” for not having done so yet. The attorney said Jones would have no problem testifying before a Grand Jury and, if necessary, would do so via the internet from the hospital.

As for Officer Wiley, the Chief said the department would not be making any additional comments until the Dallas County Grand Jury completes its process. Wiley is a 10-year veteran of the Mesquite Police Department and until he his termination had been on paid administrative leave.

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