WICHITA FALLS (KFDX/KJTL) — The Wichita County Sheriff said a grand jury will determine whether a man was justified in shooting another man who escaped from the North Texas State Hospital Wednesday night.

It happened at 3225 West Rathgaber Road between 9–9:30 p.m.

Sheriff David Duke said Matthew Reyes, 25, noticed a janitor lay keys down on a table and then found the key that let him out of the facility.

Soon after that, Duke said a woman at the home on Rathgeber Road noticed Reyes swimming in her pool in only his underwear.

Duke said the woman called 9-1-1, and that’s when Reyes noticed her looking at him out the back window and tried to get into the house.

Duke said by that time, the woman’s husband arrived home and grabbed a shotgun.

The 42-year-old homeowner said he confronted Reyes who got on the ground before then charging him.

Reyes was shot once in the right leg, and that’s when deputies arrived followed by EMS.

At United Regional, Duke said medical personnel found the janitor’s keys inserted inside Reyes’ body when x-raying for pellets.

Reyes was flown to John Peter Smith Hospital in Fort Worth where he is undergoing surgeries.

He was court-ordered to the North Texas State Hospital from Denton County, and Duke said he will return there to the state hospital.

The case remains under investigation.