He is scheduled to be arraigned on Tuesday.
A security guard reportedly shot Hurtado at the 3520 W. Siebenthaler Ave. Kroger multiple times after Hurtado threatened the guard and showed a handgun.
Hurtado was stealing items from the store when a security guard confronted him, according to Vandalia Municipal Court records. The security guard is from a third-party company that contracts with Kroger.
Hurtado allegedly became aggressive and was threatening the guard.
“Hurtado then displayed a handgun toward the security guard as he was walking out of the store, at which time (the guard) who already had (a) firearm drawn, fired several shots and struck Hurtado,” an affidavit read. “(The security guard) then rendered aid to Hurtado until the arrival of deputies and paramedics.”
Hurtado was taken to the hospital with serious but non-life-threatening injuries. He was booked into the Montgomery County Jail on Nov. 5, according to booking records.
Hurtado, who was wearing a face mask at the time of the shooting, did not fire any shots, said Montgomery County Sheriff Rob Streck.
The shooting took place near the store’s entrance and was reported around 8:09 a.m.
Between the number of employees working and Halloween shoppers, Streck said it was a chaotic scene when deputies arrived.
“In this day and age when you start hearing shots you don’t know if you’re in an active shooter situation, so it just puts people in a higher state of panic,” he said.
The sheriff added they were lucky no one else was shot or injured during the incident.
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