(ELBERTA, Ala.) - Elberta Police said a man is in critical condition after he was shot in the chest trying to break into an Miflin-area home early Tuesday morning.
Elberta Police Chief Julie Joyner said 20-year-old James Hubbart is in critical condition after completing emergency surgery at Baptist Hospital in Pensacola. Hubbart, who has no prior criminal history, will be charged with burglary when he recovers.
Chief Joyner said Hubbart entered a home on Murphy Lane at approximately 5:09 a.m. The homeowners told Local 15 News they woke up to Hubbart standing over their bed.
Hubbart entered through a side door, though, police said, they aren't sure if the door was locked.
"He actually entered the residence twice," Chief Joyner said. "Between the first and second entry, the homeowner was on the phone with 911."
"The subject reentered the home and was shot by the homeowner."
Joyner said Hubbart was not armed, but homeowners said he seemed like he was on drugs and they didn't want to take any chances.
Police said Hubbart ran off with a gunshot wound to his chest, and finally collapsed about a block down the road before K-9 teams caught up with him.
"We believe that he was trying to get into the victim's car," Joyner said, "that was his motivation at the home."
Chief Joyner said it is unclear if Hubbart had been trying break into other cars in the neighborhood too, and neighbors said it would not be a stretch of the imagination.
"Prior to Christmas, yes, we did see a spike in burglaries," Joyner said, "and not just here, but the county and the Foley Police department, down in that area, County Road 20 area, from Foley toward Elberta, and then around the curve, of course, toward Miflin."
Police said the homeowners will not face charges in the shooting because it happened inside the home. The residents tell Local 15 News they had a two, five and six-year-old to protect.
"They have to protect themselves," Joyner said. "My officer was in route when the phone call was initiated to 911."
"That's each persons decision they have to make for themselves; to protect their home and their family as best they can."
