It happened Friday at around 2 p.m. on the 2400 block of 50th Avenue. The burglary suspect, who the homeowner believes was homeless, is in police custody.
Tu said that he fired the gun into the sky to scare the suspect away.
Tu said the suspect unlocked his side gate and snuck in through the back door while he was exercising in the backyard.
The two came face to face inside but then Tu said the burglary suspect bolted for the driveway.
"I shot in the air to make a warning," Tu said.
The question the district attorney will need to answer is if the shots Tu fired were justified.
Ward said California law allows you to fire a gun for self-defense if the burglar is inside your home, but you have to feel threatened by the suspect in order to shoot once they are outside.
Tu, the disabled and elderly homeowner, said that he pulled the trigger to defend himself and he hopes the burglar never tries coming back.
Ward said the district attorney could charge negligent discharge of a firearm, but right now, only the suspect is facing charges.
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