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WEBVTT HAD A HUNCH THEY WERE GOING TO BE BACK. >> ON THE SURFACE IT LOOKS JUSTIFIABLE.MARK: THE POLICE REPORTS SAY THE MAN CONFRONTED THE WOMAN WALKING IN THE DARK BASEMENT BEDROOM.SHE WAS WEARING A BRIGHT HEAD LAMP AND WHEN SHE SAW THE HOMEOWNER WITH THE GUN WAITING SAID DON'T SHOOT ME, MY BOYFRIEND IS OUT BACK WITH A GUN.THE HOMEOWNER SAID HE DIDN'T WANT TO SHOOT HER AND GRABBED HER BY THE BACK OF THE SHIRT AND PUSHED HER UP THE STAIRS AND OUT IN THE FRONT DOOR BUT IN THE YARD HE ALLEGEDLY GRABBED THE SCARF AROUND HIS NECK AND STARTED CHOKING HIM. >> IT ESCALATED TO WHERE SHE WAS ASSAULTING HIM. MARK: THE HOMEOWNER TOLD THE POLICE HE WAS SO SCARED AND COULDN'T BREATHE AND KEPT LOOKING TO THE SIDE OF THE HOUSE TO SEE IF THE BOYFRIEND WITH THE GUN WAS COMING TOWARDS HIM.POLICE NOTED MARKS ON HIS NECK. HE DECLINED TO GO ON CAMERA BUT TOLD ME WHEN HE COULD NOT BREATHE TRIED TO SHOOT THE WOMAN IN THE LEG BECAUSE HE DIDN'T WANT TO KILL HER BUT HIT HER IN THE LOWER TORSO INSTEAD AND HE TOLD POLICE, THE WOMAN SAID WHY DID YOU SHOOT ME, IT'S AGAINST THE LAW TO SHOOT ME.>> IF HE'S IN FEAR OF POTENTIAL DEATH HE'S JUSTIFIED TO USE DEADLY FORCE TO PROTECT HIMSELF.IF HE'S WORRIED ABOUT SOMEBODY STEALING COPPER PIPES, AT THIS

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A Des Moines police report of a woman injured in an overnight shooting is now a robbery investigation.According to police, a woman was shot at around midnight at 305 East Watrous Avenue and then went to 29 East McKinley Avenue to call the police.She was transported to a local hospital in stable condition and is expected to survive.Police later released information indicating the woman allegedly broke into the home on Watrous Avenue and was shot by the homeowner.According to police, officers were called to the home on Watrous on a report of a fight in the front yard.A 71-year-old man at the residence told police he was not regularly staying at the house but had stayed there Monday night, waiting for burglars with his gun, because the home had been broken into several times over the last week.The man told police he heard a noise and saw a women in the house wearing a headlamp. According to police, when the man confronted the woman, she said she was there with her boyfriend and asked him not to shoot.Police said the man grabbed her in an attempt to get her out of the house and the two fought, with the woman eventually wrapping a scarf around his neck and choking him.According to police, the man felt he had no choice but to shoot her.“On the surface, it looks like it was a justifiable shooting," Des Moines police Sgt. Paul Parizek said. The homeowner told police he "was so scared and could not breathe" and he "kept looking to the side of the house to see if (the boyfriend) with a gun was coming towards him." Police noted marks on his neck. The man declined to go on camera but told KCCI when he couldn't breathe he tried to shoot the woman in the leg because he didn't want to kill her. He hit her in the lower torso instead. He told police the woman said "Why did you shoot me? It is against the law for you to shoot me." After she had been shot, the woman fled the home, got into a car and drove away.Later Tuesday morning, officers said the woman called police from the McKinley Avenue address to report that she had been shot.Police quickly determined that she had been involved in the shooting on Watrous Avenue.Officers later recovered a glove and a headlamp at the Watrous location. “If he's in fear of potential injury or even death, he's justified in using deadly force to protect himself,” Parizek said. “If he's worried about someone stealing copper pipes, at this point, it's not a justifiable situation for deadly force." The homeowner said he feels sorry for the woman and he recently purchased the gun for protection but never thought he would have to use it. Police said the woman would survive the gunshot wound. As of now, there have been no charges filed in connection with the break-in or shooting.