Self-defense laws may not work: Cary man accused of shooting intruder who was running away

Heng Ye, 51, of Evans Estates, is charged with felony assault. He paid $30,000 bond on Tuesday and will be free until his court date.

While the “Stand Your Ground Law” does allow homeowners to protect themselves, their families and their property, under the law they must be in imminent danger to use deadly force – and once the threat is over, they must retreat.

Police say Ye shot at 25-year-old Larry Clinding Jr. as he was running away.

"Once that threat has ended and is no longer in play, then it changes at that point to the responsibility to alert authorities," said Lorrin Freeman, the Wake County district attorney.

Cary man charged with assault after shooting man he found inside his car

According to court paperwork, Clinding has a long history of breaking into cars – including eight arrests and multiple convictions. Freeman says her office is looking into whether or not he will be charged in this case after he is released from the hospital.

Clinding's family says he is in stable condition at WakeMed.

Freeman says the "Stand Your Ground Law" does not allow a homeowner to "take matters in their own hands."

"There is no law that provides a private citizen in those circumstances, as somebody is running away without a threat to anybody else, to take matters into their own hands and shoot someone," said Freeman.

According to investigators, Clinding was running away, and was several properties away before he was struck with a bullet.

Neighbors heard three gunshots that morning. At least two bullets struck the home of Ye's neighbor Anuj Jain, who was shaken by how close they came to entering his home, where he, his wife and his son were sleeping.

"[The bullet holes] were like six perhaps inches, or maybe four inches, below the window," said Jain. "I physically touched my wife to make sure, and I said, 'Are you okay?' without alarming her. And my son as well. I shook him a little bit just to make sure, but he was present."

Ye could face 19 years in prison if convicted.