ERIE, Pa. - Erie County District Attorney Jack Daneri has decided not to file charges against the Erie neighbor who shot a man charged with a brutal home invasion.

Kyle Johnson, 25, was shot twice after he allegedly attacked an Erie couple inside their Crescent Drive home with a crowbar.

Police say Johnson hit the female resident, Kum Miller, on the head with the crowbar 4 to 6 times, she remains hospitalized in critical condition.

Johnson also allegedly hit the victim's husband, Gary Miller, on the head with the crowbar, and there was a scuffle.

That scuffle spilled outside, and Mr. Miller yelled for help.

Two neighbors heard those cries for help, came running and also called 911.

When the neighbors got there, Gary Miller was struggling with the suspect and told the neighbors, "He killed my wife."

The neighbor and male homeowner then tried to hold Johnson down until police arrived, the neighbor shot him once in the leg, but he was able to break free and run away.

Erie police say that is when the neighbor who rendered aid, shot at the suspect three times, hitting him once in the back.

Police arrived just as the shots were fired, and after a short foot pursuit, they nabbed Johnson nearby. He was treated at the hospital and released into police custody on Tuesday afternoon.

Erie police had said the Good Samaritan who helped stop the suspect will likely not face any charges.

But, despite the fact that this neighbor was responding to help in what's turned out to be a horrendous crime, Daneri says it's  protocol to investigate use of deadly force.

Daneri reviewed recorded interviews of the shooter and an eyewitness, three 911 calls, including one from the shooter, emergency records from UPMC Hamot and medical records from the Erie County Prison.

Daneri determined Thursday the shooter was justified under the laws of Pennsylvania, "It was reasonable for him to think this person poses a threat of serious bodily injury or death to me and others, so him shooting him to prevent him from getting away, or turning to shooting on him, was reasonable," said Daneri.

The Castle Doctrine in Pennsylvania authorizes the use of force, including deadly force, to protect oneself or others from threats of force or bodily injury.

According to the police report, when the neighbors arrived to help, and Mr. Miller was screaming for "help" and said "he killed my wife," they were all placed in danger of serious bodily injury from the defendant, and feared for their lives during the encounter.

And although the neighbor fired shots as police arrived on the scene, Daneri still determined those actions justified, "In that moment when everything was going on, I determined that his belief was reasonable under the circumstances to think 'Hey I better shoot this individual, God knows what he might do if he gets away,'" Daneri said.