Fayette homeowner will not be charged after shooting intruder
The Fayette County District Attorney said Monday that a homeowner was justified in shooting an intruder Friday night.
David Luczak, 62, of Cleveland, Ohio, is accused by state police of breaking into a home at 844 Mae West Road in Henry Clay Township at about 11:20 p.m.
The homeowner shot Luczak twice in the face, and he was taken by medical helicopter to Ruby Memorial Hospital in Morgantown, W. Va. District Attorney Mike Aubele said Monday morning he remained hospitalized and was in stable condition.
Aubele said the homeowner acted appropriately under the Castle Doctrine, which permits the use of deadly force as a first resort in one’s own home.
“If there was ever a clean shooting, it’s this one,” Aubele said.
Aubele did not identify the homeowner.
Aubele posted a press release to his Facebook page Monday that says his office and state police relied on witness statements and surveillance footage to reach their decision.
According to the release, Luczak was involved in a 2013 homicide in Cleveland.
“Most importantly, we acknowledge the absolute right of every citizen to make reasonable, split-second decisions to use deadly force to defend themselves and others,” the release states.
State police filed felony charges of criminal trespass and burglary against Luczak. He also faces a misdemeanor of loitering.
Luczak will be arraigned on the charges after he is released from the hospital.