The Honolulu Medical Examiner’s Office has identified the 28-year-old man shot by a sheriff’s deputy at the state Capitol Monday as Delmar Espejo.

Espejo died Monday night after he initiated a struggle with the deputy who repeatedly ordered him to dispose an open container of alcohol, Department of Public Safety officials said.

The deputy was making routine checks on the Capitol grounds when he spotted the man later identified as Espejo with an open bottle of alcohol on the Ewa side of the rotunda at about 8:20 p.m., according to Public Safety Director Nolan Espinda.

After he disregarded the deputy’s repeated orders to dispose the bottle, Espejo struggled with the deputy and wrapped his arms around the law enforcement officer’s head and torso, according to Espinda. The DPS director said the deputy feared he was in imminent danger and fired his firearm, striking Espejo.

Other deputies responded and administered CPR to the man. City Emergency Medical Services personnel treated and took Espejo to the Queen’s Medical Center where he died.

The deputy who has less than two years of service has been placed on administrative leave and restricted duty while authorities investigate the fatal shooting.

Espejo has a criminal record of one conviction of liquor in public places and one conviction of operating a vehicle under the influence of an intoxicant. Both convictions are petty misdemeanors.

The Medical Examiner’s Office said Espejo was homeless.