A Castlegar restaurant owner who shot an intruder who broke into his restaurant won't be facing any charges.

Castlegar RCMP Sgt. Laurel Mathew says the incident took place on Sept. 3 at around 4:40 a.m. PT. The owner of Chameleon restaurant was sleeping in his living space above the restaurant when he heard smashing and glass breaking.

He went to investigate, she explained, taking his .22 revolver to protect himself.

"He went downstairs and was confronted by an intruder who bear sprayed him in the face, incapacitating him," she said.

As he was being sprayed, the owner fired his gun. The suspect managed to run away and the owner called police.

A few days later, after receiving a number of tips from the public, police were able to nab a suspect, 35-year-old Brandon Malkinson of Nelson.

Malkinson had been wounded by the gunshot but stayed four days in the Kootenays without going to a doctor or hospital.

"[After his arrest] he was taken to the doctor by the police, checked over and found to be fit for incarceration," Mathew said, adding he did not have serious injuries.

30 months in jail for intruder

Malkinson was charged with numerous offences including breaking and entering and breaching a probation order.

He was found guilty, Sept. 11. Two days later, he was sentenced to 30 months in jail.

Mathew says police will not be charging the owner.

"We considered all the facts and circumstances," she explained.

"He took a significant blast of bear spray to the face which incapacitated him. At that point, he's protecting himself from who knows what at that point ... His use of force was reasonable under these circumstances."

With files from Daybreak South