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No charges against homeowner in shooting

Erie County District Attorney Frank Sedita
WBFO News photo by Eileen Buckley
Erie County District Attorney Frank Sedita

By Eileen Buckley

http://stream.publicbroadcasting.net/production/mp3/wbfo/local-wbfo-901315.mp3

Buffalo, NY – There will be no charges filed against an Amherst man who shot and killed an Albany school teacher back in March.

Click the audio player above to hear Eileen Buckley's full story now or use your podcasting software to download it to your computer or iPod.

31 year old David Park was killed after entering a home on Millbrook Court. An Erie County Grand Jury delivered a sealed "no bill" to a judge Tuesday. That means no charges will be filed against the homeowner David D'Amico.

Erie County District Attorney Frank Sedita said under the law, D'Amico had the right to use deadly physical force in response to what appeared to a break in at his home.

"Why was Mr Park's in a house in the middle of the night?", said Sedita.

The DA said people have speculated that perhaps Park's he was confused or had too much to drink and was trying to return to a party.

The homeowners gave Park repeated warnings to leave their home, but he refused. Sedtia saod in this case, the shooting was "justifiable".

Park was an Albany school teacher. He was in town to attend a party at the home next door to where he was killed.

A toxicology report indicated evidence of intoxication and was presented to the grand jury.

No criminal charges will be filed, but that does not rule out a possible civil case. Sedita say why Park enter the house remains a mystery in this case.