WXIA-TV ^ | 4/5/05

Posted on 04/06/2005 950 PM EDT

An Atlanta man says he shot an intruder into his home to protect his daughter.

Amos Evans said his home has been broken into three times over the last two months.

Evans said his home was again broken into Tuesday morning while his 7-year-old daughter was taking a bath.

“I heard some glass break and I thought maybe she fell or hurt herself in the bathroom, so I ran in there and when I looked to my left I saw this guy who had busted the glass and was coming through my apartment,” Evans said.

"I asked him to stop, he didn't stop, I ran in my room got my gun, cocked it, and got off one shot,” he said.

Atlanta police say the intruder fled after being shot in the chest. He was later found near Daniel and Gartrell streets.

Investigators said the shooting was justified and Evans will not face charges.

"The key element is that you have to be placed in serious fear, or fear of serious injury of death, and if someone was not probably all the way in your house, that probably wouldn't apply,’ Atlanta Police Maj. Lane Hagin said.

The suspect is recovering at Grady Memorial Hospital. Police say he will likely be charged with at least two counts of robbery.

"I still feel bad it happened, I don't take pleasure in shooting anyone, but I have to protect what's mine,” Evans said.