ALBUQUERQUE, N.M. (KRQE) – An Albuquerque father who shot his daughter’s ex-boyfriend in the leg Thursday will not be charged in the incident.

Police responded to a call about the shooting in northeast Albuquerque early Thursday morning. Officers say when they arrived on scene they they found 40-year-old Lee Brandenburg suffering from several gunshot wounds to his legs.

Investigation revealed that Brandenburg was armed and had attempting to gain entry into the home of his ex-girlfriend and her 76-year-old father by breaking the front window to the living room.

The 76-year-old shot Brandenburg several times out of fear for him and his daughters safety, according to the Albuquerque Police Department. Brandenburg was transported to this hospital in stable condition.

Police say Brandenburg had a history of making threats to his ex-girlfriend, prompting her to move in with her father.

Police say upon his release Brandenburg will be booked and charged with aggravated battery, while the 76-year-old father will not face any charges.