SOLON TOWNSHIP -- A homeowner was to be charged today with recklessly discharging his 12-gauge shotgun when he fired three times at a group of people toilet papering his property, striking a 14-year-old boy with six pellets.

Mark Kuncaitis, 51, is being charged with the misdemeanor offense from the Oct. 12 shooting at his home on Sherwin Street NE, Kent County Prosecutor William Forsyth said.

The 14-year-old who was struck, two other juveniles and two adults, Michael James Newville, 22, and Christopher James Harthorn, 18, will face trespassing charges for being on Kuncaitis' property as part of a prank, Forsyth said. The names of the juveniles were not released.

A Kent County sheriff's investigation found the group of five -- at least one of whom was friends with the shooter's son -- went to Kuncaitis' house about 1 a.m. believing the family was in Texas for the weekend.

But Kuncaitis did not make the trip and awoke to his dog barking and the sight of an unknown car backed up to his unattached garage. Kuncaitis told police he believed someone was breaking into his property.

"Without saying anything to the alleged trespassers, Mr. Kuncaitis fired three shots; a 'warning' shot over their heads while they were still outside the car and two more at the vehicle as they were scrambling back into the car and attempting to flee," Forsyth wrote in an opinion released today.

The car and the individuals were approximately 60 yards from Kuncaitis, the investigation showed.

The second shot hit the teen in his chest, stomach and leg, and it also broke out the car's front passenger-side window. The third shot shattered the rear window, authorities said. The teen was treated for non-life threatening injuries.

Police found nothing disturbed or stolen from the garage, and Kuncaitis never saw the toilet paper until after he fired the shotgun.

He told investigators he could not recall if the vehicle headlights were on when he first noticed the disturbance. All five pranksters said the lights were on because they thought no one was home and it helped illuminate the yard.

The alleged reckless discharge by Kuncaitis could land him in jail for up to 93 days. It is the same crime Forsyth charged Herkner Jeweler owner Randall Dice with in 2004 when Dice shot a .38-caliber revolver down Ottawa Avenue NW at a person fleeing with a $19,000 Rolex.

Forsyth, in the past, has charged homeowners with crimes when their lives were not immediately threatened.

The use of deadly force in self-defense is permitted when a person reasonably believes death or great bodily harm is imminent, or that a sexual assault is about to be committed.

Homeowners also can be justified in the course of a home invasion or breaking and entering of a business. And, in more limited circumstances, a person can lawfully shoot at another who is in the act of a felony.

"While a private citizen may have the right to shoot a fleeing felon if he can reasonably do so without endangering others, he acts at his peril and may be criminally responsible if he is wrong," Forsyth wrote.

In the Kuncaitis shooting, an unattached garage does not qualify as his dwelling.