State police investigating robbery after suspect was shot by homeowner in Fayette County
HENRY CLAY TOWNSHIP, Pa. (KDKA) - A man was shot during a robbery after he attempted to enter a home in Fayette County on Saturday night.
According to Pennsylvania State Police, they were called to a home in Henry Clay Township in the 800 block of Mae West Road around 11:30 p.m. for a reported burglary in progress.
Police arrived at the home to find the suspect had been shot in the face twice by the homeowner.
"It's very strange," said Fayette County DA Mike Aubele. "Thank God the homeowner was armed; this could have been a lot worse."
They learned that the homeowner retrieved a gun, confronted the intruder who refused to leave, and fired multiple shots, hitting the intruder in the face twice.
Aubele announced on Monday that they had cleared the homeowner of any wrongdoing and they will not face charges.
"I don't see any reason why we'd be charging him. He acted well within his rights."
The intruder was identified as 62-year-old David Luczak of Cleveland.
Luczak had walked around multiple rooms of the home before exiting, where he was confronted by the homeowner on their driveway when Luczak tried to re-enter, said Aubele. Part of the incident was captured on a doorbell camera.
Luczak didn't remove anything from the home. Aubele said they were still determining if he had a weapon.
Police treated Luczak on the scene until EMS arrived and he was flown to Ruby Memorial Hospital and was last listed in stable condition.
"He's very lucky. He's very lucky to have survived. Again, it's by the grace of God he's still here," Aubele said.
He added they are looking into the possibility that Luczak faces "a mental health situation," saying they have spoken to his family but have conflicting information from him.
Luczak was previously charged with murder in a 2013 homicide. Aubele said he is unsure if he was convicted.
"It's a very scary thing. It's not something we like to have happen in Fayette County," Aubele said. "Everyone deserves to feel safe in their home and take appropriate action to protect their house, protecting their castle."
The Uniontown State Police Criminal Investigation Unit is now working with the Fayette County District Attorney's Office to investigate the robbery.
Luczak will ultimately be charged with burglary and criminal trespass.