77-year-old California man arrested after suspected burglar's fatal shooting in Oakland

OAKLAND, Calif. (NewsNation) — A 77-year-old California man is being held on suspicion of murder after police say he shot and killed a suspected burglar who was trying to break into his home.

Although the owner is still in custody, he has not yet been charged. Under California law, prosecutors have 48 hours to file charges before a suspect is released.

Alleged attempted burglary

Police said two men and a woman stopped at the man's home in East Oakland, a neighborhood hit hard by crime in recent years, in a stolen vehicle. The suspected burglars attempted to enter the house several times. When nothing worked, they climbed the garden fence.

That's when the homeowner shot them, killing one of the three suspected burglars, police said.

Police say the homeowner was arrested in part because he refused to make a statement.

Arrest of owner

“If A shoots B without explanation, the only thing to do, we can only go with what we have. A weapon was found at the scene, so the individual was taken into custody,” said Frederick Shavies, Acting Deputy Chief of Investigations for the Oakland Police Department.

Police have not yet released the victim's name, seeking to notify the family first. They also did not publicly name the owner.

The owner allegedly shot the burglars with a stolen gun.

Shavies confirmed that an investigation into the incident was still ongoing.