No Charges For New Fairfield Man Who Fatally Shot Masked Intruder That Turned Out To Be Son

NEW HAVEN, Conn. (CBSNewYork/AP) -- A Connecticut man who fatally shot a knife-wielding prowler in a ski mask, only to learn later it was his 15-year-old son, will not face prosecution.

Prosecutors do not plan to file charges against Jeffrey Giuliano, the Associated Press reported Friday.

"It is not a happy day because he lost his son. But today is a day that brings his family and my client a measure of relief. Certainly, they were concerned about the possibility of charges. Albeit, they always believed and he always believed that he had acted justifiably on that night," Giuliano's attorney Gene Zingaro told WCBS 880 on Friday.

State police have said Giuliano went outside with a gun around 1 a.m. on Sept. 27, 2012, when his sister called to say someone was trying to break into her house next door in New Fairfield.

Giuliano saw a masked person holding a knife come toward him in a threatening manner and shot him, authorities said.

He later was told the person was his son. Tyler Giuliano, a 10th Grader at New Fairfield High School, was pronounced dead at the scene.

When police officers arrived at the scene, they found a distraught Giuliano, a fifth-grade science teacher, overwhelmed with grief, CBS 2's Lou Young reported.

The medical examiner determined Tyler died from multiple gunshot wounds.

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