LONG BEACH, California (AP) -- Police planned Friday to give prosecutors the results of their investigation into an 80-year-old man's fatal shooting of one of two burglars who attacked him when he found them ransacking his home.
Tom Greer, whose collarbone was broken in the assault, told a television station he fired even though the female burglar told him not to shoot because she was pregnant. She was killed.
The woman's alleged accomplice was being held for investigation of murder and police said Thursday they had yet to decide whether to recommend any charges be brought against the homeowner.
"She says, 'Don't shoot me, I'm pregnant -- I'm going to have a baby,' and I shot her anyway," Greer told a television station outside his house.
Police Chief Jim McDonnell said at a news conference Thursday that the woman, 28-year-old Andrea Miller, did not appear to be pregnant, but an autopsy would determine whether she was.
The surviving suspect, Gus Adams, 26, has been arrested on suspicion of residential burglary and murder, McDonnell said. The murder charge is possible because he is accused of being involved in a felony that led to a death, the chief said. He was being held on bail just over $1 million, and police did not know if he had hired an attorney.
Both Miller and Adams, who had histories of similar crimes, were unarmed, McDonnell said.
Greer's home had been burglarized three times before, and he believed the same suspects were responsible.
He returned home shortly after 9 p.m. Tuesday to find the pair in his home. Both suspects attacked him, hitting him with their fists and slamming him to the floor, breaking his collar bone, McDonnell said.
Miller continued to hit him, McDonnell said, while Adams moved to a safe and began trying to pry it open.
The homeowner was able to get to another room where he grabbed a gun and returned to open fire on the suspects. They fled through the garage and into an alley, and Greer followed, firing at them again outside, McDonnell said.
Miller was hit, collapsed in the alley and died, McDonnell said.
It will be up to the district attorney to decide whether to charge Greer with a crime, the police chief said. Under California law, homeowners can defend themselves if they are in "imminent danger of serious bodily injury or death," he said.
Prosecutors will have to determine whether chasing after the suspects and firing on them outside the home goes beyond self-defense, McDonnell said.