Video shows the off-duty agent, Chase Bishop, doing a backflip at Mile High Spirits earlier this month and his gun falls out of his waistband. He tries to pick it up and it fires.
A man was shot in the leg by that bullet and survived, but his lawyer says he was seriously injured.
Bishop, 29, was not arrested when the shooting happened. Instead, he was released to an FBI supervisor. He appeared in court on Tuesday morning on second-degree assault charges in connection to the shooting.
He has not been formally charged by the Denver DA’s Office.
In addition to the charges to be filed by the Denver DA, the FBI could also suspend or fire him.
Bishop was off-duty and on vacation when the shooting happened.