TAYLOR (WWJ) – A Taylor man is under police investigation after allegedly shooting an intruder who was trespassing in his garage.

The 31-year-old man and his wife were watching television around 2:30 a.m. Tuesday when they heard strange noises coming from their detached garage. The home is located in the 8000 block of Oak Street, in a neighborhood along Telegraph Road south of Ecorse Road.

The homeowner allegedly grabbed his gun and a flashlight and went to investigate the sound when he encountered an unknown man. Police say the intruder, later identified as a 27-year-old homeless man from Flat Rock, started to run away with his hands in the air when the homeowner fired a shot, striking him in the leg.

The homeowner was initially arrested by police and held for around 14 hours before the Wayne County Prosecutor’s Office ordered his release, pending further investigation.

The other man is recovering at the hospital. His name was not released.

At this point, it’s not clear if the homeowner will face any charges.

“The question for the prosecutor will be whether the shooting was justified,” said WWJ Legal Analyst Charlie Langton. “Clearly, you can shoot someone if they’re in your home. The issue is going to be whether the garage is part of the home.”

Langton said homeowners absolutely have a right to protect themselves with lethal force, but they still have to follow the law.

“You cannot shoot someone who is fleeing, running away from you,” he said. “This is a tricky case but a general rule — don’t shoot unless the person is in your house. You do have a legal right to protect yourself if the person is in your house.”

An investigation is ongoing.