Calif. man, 80, to face charges for fatally shooting burglar?

Andrea Miller, 28, was shot and killed in Long Beach, Calif., after allegedly burglarizing an 80-year-old man's home

CBS Los Angeles

LONG BEACH, Calif. - Police in Southern California say they are determining whether to arrest an 80-year-old man who fatally shot an unarmed burglar as she fled his home, and after the man said she told him she was pregnant, reports CBS Los Angeles.

Long Beach Police Chief Jim McDonnell said Thursday that Tom Greer was cooperating with the investigation into the burglary and shooting death of 28-year-old Andrea Miller, according to the station. However, he would not say whether charges against the elderly man will be recommended to prosecutors.

"Basically, you can defend yourself if you're in imminent danger of serious bodily injury or death," McDonnell said. "Based on the information we have, and what we can determine between now and the time we present this to the district attorney, we'll make the determination as to whether it was reasonable, [Greer's] actions at either point."

McDonnell said an autopsy will provide the answer as to whether Miller really was pregnant.

Authorities also said that another accused burglar, the woman's accomplice, 26-year-old Gus Adams has been arrested on suspicion of murder for his alleged part in the crime that led to Miller's death, according to the station.

Greer told homicide detectives that he walked in on Miller and Adams while the burglary was in progress and that he was attacked by the suspects, who tackled him to the ground.

"While the suspects continued to burglarize the home, [Greer] was able to retrieve a gun from another room in the house. He returned to confront the suspects and fired his gun at them while they were still inside his house," said Chief McDonnell. Police said Greer followed the suspects as they fled the house with what they had stolen and fatally shot Miller outside in an alley.

"She says, 'Don't shoot me, I'm pregnant! I'm going to have a baby!,'" Greer told a reporter with KNBC Wednesday. "And I shot her anyway."

Police said both burglars were unarmed and that Greer told officers the same couple had robbed him at least twice previously. Investigators said Miller had a long criminal background, according to CBS Los Angeles.

While authorities continue to investigation the case, the station reports that Greer, who suffered a broken collarbone in the incident, is staying with family and keeping a low profile.