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Hector Luna, age 26, was arrested around 10 p.m., Thursday, April 15 at a Hampton Inn in Pikes County, Pennsylvania, said Wallkill Police Chief Robert C. Hertman.
Luna allegedly shot Charles Miller, 48, of Walden, outside of the You You Asian Cuisine on Route 211 around 9:15 p.m., Wednesday, April 14 in Wallkill, Hertman said.
Hertman said police believe that Luna mistook Miller, who was outside smoking a cigarette, as a police officer.
Luna, of Wallkill, who is being held in the Pikes County Jail until he can be extradited, was charged with assault and criminal possession of a weapon, police said.
Miller, who was shot at point-blank range, underwent emergency surgery and is in critical condition at Garnet Medical Center.
Miller was at the restaurant having dinner with his family, including his grandchildren, when the shooting occurred.
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