Fredonia homeowner who shot alleged invader will not face charges

MAYVILLE, N.Y. (WIVB) — A Fredonia man will not face charges after he shot an apparent home invader in April.

In the early hours of April 23, a homeowner on Liberty Street said a man and woman woke him up by pounding on his door.

As the homeowner approached the door, with a .45 caliber handgun at the ready, the two invaders pushed their way into the building, prosecutors say.

Prosecutors say the homeowner then showed his weapon, leading the trespassers to leave his home.

The homeowner then walked outside to get information on their vehicle when the man inside of it walked up and threatened the homeowner, according to prosecutors.

This led the homeowner to shoot the man several times. The alleged trespasser was taken to ECMC for treatment.

Chautauqua County District Attorney Patrick Swanson says the decision to not press charges against the homeowner was not made lightly.

“At the end of the day, no one wins in a situation such as this,” Swanson said. “On the one hand we have a person shot. On the other, we have a responsible gun owner having to take action in a way that no responsible gun owner desires. As a gun owner myself, I can tell you I hope to never find myself in a situation where I have to employ my weapon against another human being. I hope this brings some form of closure for the homeowner.”

The alleged invaders will be charged with criminal trespassing, according to Swanson.

No names related to the incident have been released by authorities. provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Commenters who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others. If you see an inappropriate comment, please flag it for our moderators to review. Note: Comments containing links are not allowed.

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