Jeffrey Ruano, 50, is charged with assault on a police officer, but not for the shooting. Ruano is accused of trying to ram the officer with his car.
Police have not determined if Ruano shot the officer or if he even had a gun.
Investigators are also trying to figure out if the officer was shot by a fellow cop.
The officer suffered a wound on his arm.
Ruano was eventually arrested in San Jose after a wild chase through the Peninsula.