Afternoon update: Police arrested 37-year-old Damian Sanchez Treadway, current boyfriend of the victim who called police.

"The complainant actually made another telephone call to her current boyfriend, Damian Sanchez Treadway.  And Treadway learned what was happening at her home and decided to go over to her house as well," said. Assistant Chief Chris Butler.

Officer M.L. Hice found Treadway in the backyard of the residence.  He was armed with a handgun.

"Police Officer Hice gave a lawful command for Treadway to go to the ground.  Treadway failed to do that.  He actually turned around, faced the officer holding a handgun in his hand," Butler said.

Hice fired three shots in Treadway's direction but did not strike him.  Two of the shots penetrated a residence behind him, which was occupied by four people at the time.  Nobody was injured.

Treadway was arrested for possession of a weapon by a convicted Florida felon.  JSO provided his extensive criminal history which dates back to 1993.  It includes a conviction for aggravated battery in 2004, weapons violations, driving with suspended license, and possession and trafficking of illegal drugs.

When asked if Officer Hice violated any JSO policies by firing with an occupied dwelling behind Treadway:

"Again, I can't answer that without knowing all the facts.  Like I said we do have an internal process that we do to review that to see if, you know, everything is compliance without policies and procedures, which will take place at a later time.

Officer Hice has been without the JSO for three years.  This was his first shooting.  He is now placed on administrative leave.

Butler cleared up another fact from earlier in the morning.  It turns out that there wasn't a car driving back and forth in front of the residence. 

"The information with the car was just information related to the dispatchers as far as the type of car that [the ex-boyfriend] was driving," Butler said.

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Here is our original report of the story from the morning:

One man is in custody after Jacksonville police say they were forced to fire on a suspect who refused to comply with police commands.

Assistant Chief Chris Butler with JSO says officers got a call at 1:55 a.m. from 4148 Lorenzo Court just off Moncrief Road to reports of a disturbance.  The homeowner told police that an older vehicle was driving back and forth in front of the house.  Responding officers found nothing at the scene the first time out there.   However, JSO got another call at 2:21 a.m. they got another call from the same residence saying the car had returned.  

When police got on scene, they found a man in the front yard armed with a handgun.  Chief Butler says the supsect refused to comply with police commands to get down and drop the gun, so one of the officers fired on him.

"Only one officer fired his handgun two times at the suspect, missed the suspect.  The suspect then went to the ground and was taken into custody."

Butler says there was a relation between the homeowner and the person who had been driving back and forth in front of the house, though they couldn't say what that relationship was.  He added that the man police found with a gun in the front yard had been called to the residence by the homeowner to help with the individual that was driving back and forth.

JSO would not comment on the man's identity, nor did they say whether the officer was justified in firing his weapon.  They say four additional people were inside the home when the shots were fired, and that they did penetrate the house.  Overall, there were no injuries to report.

The investigation is continuing and JSO says it will hold a press conference sometime Wednesday with more information.