Homeowner who shot burglary suspect in Fayette County will not face charges, DA says

A homeowner who shot a burglary suspect in Fayette County will not face any charges, District Attorney Michael Aubele announced Monday.

Aubele said his office determined the homeowner’s actions were “appropriate” and have cleared him of any wrongdoings.

Just before midnight on Saturday, police were called to a home on Mae West Road in Henry Clay Township for a burglary in progress.

During the burglary, the homeowner retrieved a gun and confronted the intruder, who PSP identifies as David Luczak, 62, of Cleveland.

PSP said when Luczak didn’t leave after being approached by the homeowner, the homeowner fired the gun several times. Luczak was struck twice in the face and was treated on scene by troopers and medics, then life-flighted to a hospital. He was last listed in stable condition.

Aubele said his office, along with state police, reviewed several pieces of evidence including witness statements and surveillance footage. The DA’s office also considered the remote location of the home and Luczak’s criminal history, which includes involvement in a 2013 homicide in Cleveland.

“Most importantly, we acknowledge the absolute right of every citizen to make reasonable, split-second decisions to use deadly force to defend themselves and others,” Aubele said in a press release.

Luczak is facing several charges including burglary and remains in the hospital.

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