San Jose, California

From the San Jose Mercury-News of September 2, 2005

S.J. homeowner released after fatal shooting of alleged intruder

A West San Jose homeowner shot and killed a man who broke into his house late Thursday and assaulted him, according to San Jose police.

Sgt. Nick Muyo said the homeowner was released pending a review of the case by the Santa Clara County District Attorney's Office.

Police were called to a house on the 4600 block of Borina Drive at about 10:30 p.m. by a woman who reported that her husband had ``shot an intruder.'' Borina is off Moorpark Drive.

Homicide detectives were satisfied with that account after interviewing the unidentified 60-year-old homeowner for several hours.

Muyo said the 38-year-old dead suspect, whose name was not immediately available, had been in an argument outside with another adult who lives in the house. That man came inside and closed the door behind him, apparently seeking to avoid a physical fight. It didn't work.

``The suspect breaks the door down and confronts the resident. The homeowner hears the commotion and comes downstairs with a weapon and gets assaulted,'' Muyo said. When the man hit him again, Muyo said, the homeowner shot the intruder.

By the time the police arrived, the suspect was already dead from a single gunshot wound.