UPDATE 11/17/12 @ 2:15 p.m.
CHARLESTON, W.Va. (WSAZ) -- A man accused of trying to break into a home in Charleston is now recovering after being shot.
It all happened just before 3:30 Saturday morning in the 16-hundred block of 7th avenue.
According to the criminal complaint, Jack Boggess was woken up by a man breaking into his home. Boggess told police he found Darin Lanning in his kitchen eating food out of his refrigerator.
Boggess says he then pulled out his gun and told Lanning not to move. He says that's when Lanning got up and started to move towards him. Boggess says he then shot him in the shoulder in self defense.
Police say Lanning thought he was at a friends house in Hurricane, but Boggess told them he does not know Lanning.
Investigators later confirmed that the front door appeared to have been forced open.
Police say Lanning had been arrested by Hurricane police earlier Saturday for public intoxication.
He told police he did not remember being arrest in Hurricane or how he arrived at Boggess's home in Charleston.
Lanning was taken to the hospital, but has since been released.
He is now in the South Central Regional Jail.
Police say Boggess acted in self defense.
No charges will be filed.
CHARLESTON, W.Va. (WSAZ) -- A man accused of trying to break into a home has been shot and taken to the hospital, according to 911 dispatchers.
The attempted break-in and shooting happened about 3:25 a.m. in the 1600 block of 7th Avenue in Charleston.
Emergency workers tell WSAZ.com the man was confronted when trying to break in to the home and was then shot in the upper body area near his shoulder.
Charleston Police are investigating.
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