The 28-year-old man who was fatally shot by a deputy sheriff Monday night at the State Capitol had initiated a struggle with the officer, according to the head of the state Department of Public Safety.

A DPS spokeswoman said that at 8:20 p.m., a deputy sheriff was conducting a routine patrol at the Capitol rotunda and encountered a man with a bottle of alcohol.

“During the encounter, a struggle ensued and the deputy shot the man. Sheriffs performed CPR until EMS arrived to transport him to a nearby hospital.” the spokeswoman said.

Public Safety Director Nolan Espinda told reporters at a news conference today that the deputy repeatedly ordered the man to dispose of his alcohol and vacate the premises, but he failed to comply.

Espinida said the man initiated the struggle and that the deputy was in fear of imminent danger when he fired his weapon.

City Emergency Medical Services officials said the man was taken to a hospital in critical condition after the shooting, and police said the man later died.

The deputy sheriff, who has less than two years with DPS, was also transported to the hospital to be checked out as a precaution.

Neither the deputy nor the 28-year-old man has been identified. The deputy has been placed on restrictive duty as DPS officials conduct an internal investigation, Espinda said. The exact cause of death is pending a medical examiner’s autopsy report.

The Honolulu Police Department initiated a first-degree assault on a law enforcement officer case and an unattended death case.