The Kern County Sheriff's Office is investigating the shooting that happened at a market north of Lamont.
On Monday, store owner Elias Aguilar said a man entered his store and started acting suspicious. Aguilar said the man went up to the counter, said he forgot his wallet and left. The man returned a short time later. Aguilar said the man handed him a card, grabbed the items and tried to run. Aguilar then shot at the man two times, hitting him.
The entire incident was caught on surveillance video.
“It happened so fast, there was no time to react. I just fired and that was it," Aguilar said in Spanish.
Aguilar said he was more on alert because he has faced three robberies in the past year.
In past surveillance video, Aguilar and his wife were held at gunpoint as three masked men robbed the store.
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In another incident, two men entered the store attempting to rob it, but Aguilar was able to fire his gun and the two men took off running.
The Kern County Sheriff's office said the investigation is ongoing and they will submit their findings to the district attorney's office for review.
The D.A.'s office said they won't know if they'll file charges for either person until they receive KCSO's report.
Criminal defense attorney Kyle Humphrey isn't involved in this case and wouldn't comment on specifics, but in general, people have the right to protect themselves.
“You don’t have to let anybody touch you or harm you before you act, you just have to make sure however you act is on the same plain as what’s happening to you," said Humphrey.
Humphrey said no matter the situation, making sure you react as a reasonable person would react, is key.
"A water balloon or an egg attack doesn’t justify deadly force. Deadly force justifies deadly force," said Humphrey.
23ABC reached out to Aguilar Tuesday who said he kept the store closed to rest. He also said he is concerned about whether or not he will face charges.
