“We are in the early stages of the investigation, but right now we’re treating it as a burglary and the homeowner defending his property,” Smith said.

Police have identified the burglary suspect as 41-year-old Jamison Lynn Lacey.  His last known address was 202 Asbury Road in Albertville.

Investigators will present their findings to a grand jury but don’t expect an indictment.

“Your home is your castle, you can only retreat so far as your home,” Smith said.

“I’m sure at the time he felt he was in danger so he took what action he thought he needed to take at the time to protect himself…  You can back away from anything but home is as far backwards as you can go.  At what point do you leave your house to let them have it?

“If that’s even a question, and in my mind, it wouldn’t be,” he said.

Investigators said the homeowner fired just one shot with his shotgun, and Smith said he is sure this will be viewed as a victory for people in the pro-gun crowd.

“Things like this probably happen every day and fortunately it doesn’t happen every day in our county or neighborhood.  I’m a supporter of the second amendment and you do what you’ve got to do and you use what tools are necessary,” Smith said.

Police said they were familiar with the suspected burglar, Lacey, from previous investigations.  Albertville Police arrested him last week for first-degree theft of property, and the Marshall County Sheriff’s Office also arrested Lacey in December for theft.