FAIRMONT — A Fairmont man is facing a felony charge for allegedly assaulting a sheriff’s deputy.

Anthony Brian McAllister, 50, has been charged in Martin County with assault of a peace officer in the fourth degree, which carries a maximum penalty of three years in prison and a $6,000 fine.

According to the complaint:

On Dec. 4, the Martin County Sheriff’s Office received a report from Emmet County that McAllister had left Armstrong driving a black Ford Focus. It was believed he was under the influence of alcohol.

A Martin County Sheriff’s deputy attempted to locate the vehicle. The deputy found a black Mercury Milan in front of a residence in the area of Falcon Drive in Fairmont. As the two vehicles look similar, the deputy walked up to the vehicle.

The deputy observed several beer cans on the floor and in the passenger seat, though he was unable to determine if they were full or empty. The deputy entered the building and knocked on the door of the apartment where McAllister resides. The deputy was allowed in by a woman who said she was surprised McAllister was home from work already.

McAllister was sleeping, and the deputy attempted to wake him. Initially startled, McAllister spoke with the deputy and denied drinking before or during driving. McAllister eventually became more agitated and made comments that the deputy should just arrest him.

As the deputy was on the phone with McAllister’s probation agent, McAllister opened a can of beer. The deputy instructed him not to drink but McAllister looked at the deputy and proceeded to chug the beer. The deputy removed the can from McAllister’s hand. McAllister then struck the can and assumed a fighting posture.

When ordered to sit down, McAllister failed to comply. Eventually McAllister was told he was under arrest, but would not comply as the deputy struggled to restrain him. In response, the deputy drew his Taser and McAllister was eventually placed in handcuffs.