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Prosecutor reviewing victim who shot at robber

Posted at 9:22 PM, Sep 28, 2015

Hamilton County authorities were investigating Monday after a homeowner fired at an alleged robber several blocks away and minutes after the crime occurred.

The homeowner told police Sunday he found 19-year-old Peyton Tonning inside his vehicle, which was parked in his garage.

Tonning allegedly pointed a gun at the victim and then fled, with the homeowner in pursuit.

The chase ended when the homeowner wrestled the suspect to the ground in an adjacent neighborhood, took his gun and then fired when Tonning ran again.

The shots were fired in front of Cindy Padgett's Noblesville home.

"He had the right to protect himself in his garage, and when he left his garage, I would have been on 911. I'm done," Padgett said. "My concern was for the people who heard the shots fired and didn't have anything to do with it."

While Indiana law allows someone to use deadly force to protect themselves and their property, it doesn't allow for deadly force if someone flees and is no longer a threat.

Tonning was being held in the Hamilton County Jail faces charges of burglary, robbery and pointing a firearm.

It wasn't clear what, if any, charges the homeowner might face.