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Homeowner won't face charges for shooting man

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Posted at 1:48 PM, May 03, 2016
and last updated 2016-05-03 13:48:10-04

A homeowner who shot a man he found on his enclosed front porch will not be facing charges.

Fredonia Police announced Tuesday that following an investigation, the homeowner was cleared of wrongdoing. Charges of second degree criminal trespass are pending against the man who was shot and the woman he was with.

Authorities say the homeowner found the pair on the enclosed front porch of his Liberty Street home around 2:30am on April 23. According to the homeowner, when he opened the door, the pair tried to push their way into his home.

The homeowner brandished his firearm and told the pair to leave. The pair did, retreating to their vehicle. The homeowner then went down his front steps to try to get the vehicle’s license plate number.

That’s when police say the man jumped from the driver’s seat and charged at the homeowner while making threats. The homeowner fired several shots, hitting the man.

The homeowner called 911 and the vehicle was pulled over. The man was flown to ECMC by Starflight for treatment of his wounds.

Acting District Attorney Patrick Swanson released a statement about the incident, saying the homeowner “did not operate outside the confines of the law” when he fired his weapon. Swanson says the homeowner fired at the man’s legs and “while any self-defense class would teach otherwise, the homeowner probably spared a life when taking action in this manner.”

Swanson said he would not release the homeowner’s name to protect his privacy. He said he was “not at liberty” to release further information on the case, including the name of the man who was shot and the woman he was with.