No Charges in Home Invasion Killing

September 27, 2013 Updated May 11, 2010 at 12:20 PM EDT

By WKBW Internet

...
September 27, 2013 Updated May 11, 2010 at 12:20 PM EDT

BUFFALO, NY (WKBW) -- A Grand Jury has ruled that the Amherst homeowner who shot and killed a man who entered his home last March will not face criminal charges.

The ruling was handed down just before Noon Tuesday, after toxicology reports indicated that David Park, a teacher from Albany, had a blood alcohol level of .18 when he mistakenly entered the wrong home on March 28.

Homeowner David D'Amico shot and killed Park after allegedly asking him repeatedly to leave his Millbrook Court home in Amherst.