Judge: FBI agent who fired gun while dancing can have it back

July 11 (UPI) -- An FBI agent facing a felony assault charge for accidentally shooting a man while dancing at a Denver nightclub can get his gun back, a judge ruled on Tuesday.

Agent Chase Bishop was off-duty when the shooting happened last month and the incident was caught on video.

Despite the pending charge, Judge Frances Simonet of Second District County Court in Denver ruled Chase may get his service weapon back.

Prosecutors accepted the decision because they said Tom Reddington, the man injured by the gunfire, did not object, The New York Times reported.

The video shows Bishop dancing at the Mile High Spirits Tasting Room in Denver. The gun fell to the ground when he did a backflip and went off when he picked it up. The footage also shows Bishop smile and shrug afterward.

Reddington, 24, said it took him a moment to realize he had been shot in the leg.

"I heard a loud bang and I thought, 'Oh, some idiot's set off a firecracker," Reddington told Inside Edition. "All of the sudden, from the knee down, became completely red. That's when it clicked in my head, 'Oh, I've been shot.'"

Reddington said he forgave Bishop for the mistake.

Bishop's attorney, David Goddard, said prosecutors have offered a plea deal but he didn't discuss the details.