MENOMINEE, Mich. (WTAQ) – Charges will not be filed against an Upper Peninsula homeowner who shot and killed one of the three men who broke into his home in November.

David Higbee has been granted immunity in the case by prosecutors, and is expected to testify at upcoming hearings against the two surviving suspects, Menominee County sheriff Kenny Marks said this morning in a news release.

Hayden Gagnon was killed after breaking into the Mellen Township home.

The use of force was justified, according Prosecuting Attorney Daniel Hass.