TYLER, TX (KLTV) - The Smith County District Attorney's office has ruled that a fatal shooting during a residential burglary was justified.
Tyler Police Department says the case was not prosecuted or taken before a grand jury.
Police responded to a Dec. 9, 2014 shooting during an attempted burglary in Tyler. The department said Luke Garrison, 44, of Brownsboro resident, was fatally shot by Bobby Shaw, 77, of Tyler, while breaking into Shaw's home in the 900 block of Charleston Drive, at the corner of Charleston and Trenton Drives.
READ MORE: Family says man shot by Tyler homeowner struggled with mental problems
According to Detective Andy Erbaugh, Shaw was in a room in his home when he heard glass breaking and retrieved his shotgun. Shaw told officers he then went into the hallway and saw Garrison holding a large object. Garrison lunged at him and he fired one round, striking him in the left side of his chest.
"The homeowner, when he heard the window break, retrieved his shotgun and when the suspect charged him inside his home he discharged his shotgun one time, killing the suspect," Erbaugh said at the time of the shooting.