By Khalida Sarwari
San Jose police are investigating the circumstances of an incident early this morning in which a homeowner shot a 24-year-old man suspected of burglarizing his home, a department spokesman said.
The shooting occurred around 4:20 a.m. at a home in the 1700 block of Patio Drive, police Sgt. Ronnie Lopez said.
Officers arrived to find a man suffering from a gunshot wound to the stomach area in the backyard of the resident’s home.
He was transported to a hospital with injuries that were initially considered life threatening. He is now in serious condition but expected to survive, Lopez said.
It appears the homeowner, a 39-year-old man, shot the suspected burglar from inside his home, with the bullets piercing glass French doors, Lopez said.
The homeowner was interviewed by detectives this morning and later released, he said.
Police have not yet filed charges against him and are waiting for a search warrant to go inside the house as part of the investigation, Lopez said.
The Santa Clara County District Attorney’s Office will determine whether the homeowner’s actions were justifiable, Lopez said.
There is no indication that the two knew each other, he said.
The suspected burglar is a San Jose resident with no criminal record, Lopez said. He appeared to be under the influence of alcohol.
Lopez said that around 3 a.m., police received a call from another resident in the same block reporting that an intoxicated man had tried to insert a key into the front door. The homeowner told the man he had the wrong house, and the man staggered away, Lopez said.
He said in similar situations, residents should immediately call police or 911.
“We discourage individuals from taking matters into their own hands,” he said.