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The Stanislaus County Sheriffs Department says no charges will be filed against a homeowner who shot and wounded an intruder.

The incident began when Modesto Police spotted a stolen car driven Albert Liberini of Modesto. A high speed pursuit ended in Riverbank when officers deemed it too dangerous to continue.

Apparently Liberini got the car stuck outside Oakdale on the Oakdale-Waferford Highway. He was found sitting in Tony Padilla’s truck.  Padilla used his handgun to chase him off when he Padilla didn’t believe his story about having car trouble.

“Everybody around here has a gun. Around here if you don’t take care of yourself  nobody will take care of you,” said Padilla.

Liberini was discovered inside the house across the street.  The couple living there, who declined to speak with FOX40, got heir guns and ran him off.  But he came back and tried to break in through a window.

“The wife actually fired twice to keep him out,” said Sgt. Keith Rakoncza on the sheriffs department.

Rakoncza said Liberini then went around back and broke through a bedroom window and came at the husband despite his warnings.

“(He said) stop, get out and when he continued to advance he fired his handgun and struck the torso of the suspect,” said Rakoncza.

Liberini is on probation for possessing drugs and is on bail for a separate drug offense. Deputies say it was a clear case of self-defense after Libertini tried to break int9 the bouse twice.

Padilla agreed.

“One cop even fold me he was proud of them,” said Padilla.

Liberini underwent surgery for a non-life threatening wound and will be charged with burglary, robbery and violation of parole.