It happened Saturday morning just midnight in the 200 block of Carolina Street.
The resident and car owner, who would only talk if we did not identify him, says he did not want to use deadly force but had to when one of the alleged burglars kept coming toward him and refused to back down despite having a gun pointed at him.
Crime tape surrounded the scene of an early Saturday morning shooting in the 200 block of Carolina Street.
The crime tape is now gone and the resident is talking about what happened that has him living in fear.
He says it all started early Saturday morning when his car alarm went off for the fourth consecutive night.
He says he grabbed him gun and stepped outside.
"There was a guy in the passengers side of my car starting to rummage through things. I hollered at him to get on the ground and he came out of the car with his hands up. He turned around and when he saw the gun he put his hands up and he walked out to the sidewalk," says the man.
Police later arrested that man.
He's identified as 29 year old Terry Colbert, who is charged with burglary of a vehicle but the resident says he soon found out there was more than one person near the car when he heard Colbert say this:
"'Don't do it, homeboy.'" I knew he wasn't talking to me so I flashed around and there was this good size man coming up behind me," says the man.
He says despite pointing a gun at that man and telling him repeatedly to get on the ground that man continued to approach.
"I was silently praying to God please don't make this happen. Please let this guy understand and get on the ground. I had both hands on the gun military style.. police style. With my right thumb I flipped the safety off. I took two steps back and he took a big step toward me and, I shot him," the man explained.
Police have identified the man who was shot as 30 year old Maury Smith, who died at United Regional.
The car owner tells us he has received received threats against his life and lives in constant fear of retaliation. He also says police now have his gun.
And while he has not been charged with a crime he says once police finish their investigation they told him they will turn it over to the Wichita County District Attorney's Office which may present it to a grand jury to determine if any charges will be filed.
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