No charges to restaurant owner after shooting in Castlegar during B&E

No charges for a restaurant owner after a B&E led to a suspect being shot earlier this month.

On Sunday September 3rd, the Chameleon restaurant was broken into, the owner lives upstairs and went to investigate.

During a confrontation, the restaurant owner was bear sprayed, and discharged a gun.

Police arrested 35 year old Brandon Malkinson of Nelson a few days later.

He was taken to hospital with a gunshot wound, treated and released into custody.

This week he was found guilty of a number of offences, including Break and Enter, Assault and Breach of Probation and sentenced to 30 months in jail.

The restaurant owner is not facing charges.

Sergeant Laurel Mathew says after careful consideration of all facts and circumstances in this case, his actions were found to be within the bounds of reasonable force under the circumstances he was in, according to the law of self defence.   

But she says they don't encourage people to take matters into their own hands, and if possible residents should call 9-1-1 in an emergency.