FREDONIA – A homeowner who shot a man he said knocked on his door and threatened him will not be charged, acting Chautauqua County District Attorney Patrick E. Swanson said Tuesday.
The incident happened in the early morning hours of April 23 at a home on Liberty Street.
The homeowner said a man and woman pounded on his door and pushed their way inside, police have said previously. The homeowner, who told police he had armed himself with a handgun before opening the door, then told the intruders to leave while holding the gun, according to police.
As the pair fled toward their vehicle, the homeowner went outside to get a description and license plate number, according to police, who said that’s when the man got out of the driver’s side and came toward him yelling threats.
The homeowner filed several rounds, as least one of which hit the man before he got back in the vehicle and drove away, according to police.
“It is the position of my office that the homeowner, who I will not name in an effort to protect their identity, did not operate outside the confines of the law when firing three rounds from a .45-caliber, properly licensed handgun,” Swanson said in a statement.
“It is the position of this office that the homeowner not only acted within the law, but also with discretion, as they shot only at the legs of the subject hit. While any self-defense class would teach otherwise, the homeowner probably spared a life when taking action in that manner.”
The homeowner called police, who located the vehicle. The man who was shot was treated by emergency responders before being flown to Erie County Medical Center in Buffalo. He is to be charged with second-degree criminal trespass, authorities said.
Swanson said he is “not at liberty to comment on the facts and circumstances surrounding that case.”