Police say the homeowner, Robert Delk, told police that he and his wife were woken up early Saturday morning by someone banging on their door.Justin Herrera died at the hospital. Motive for the break-in is unknown.
As Delk, who had grabbed his .44 magnum handgun, approached the door, the suspect kicked it in.
A police spokesman tells the Tyler Morning Telegraph that Delk then shot the suspect.
And the homeowner?
Tyler police Lieutenant David Long says the case is under investigation and would be presented to the grand jury.He was defending himself, after all.
But he didn't believe any charges are anticipated.
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