BUFFALO, N.Y. (AP) — A Buffalo-area homeowner who shot an intruder who broke into his house in the middle of the night is now being sued by the dead man’s widow.

Albany schoolteacher David Park was killed in March when he turned up in the man’s Amherst home at 1:30 a.m. Police say Park was drunk and had been attending a party next door.

A grand jury declined to file charges against homeowner David D’Amico after concluding he had reasons to fear for his safety.

An attorney for Park’s widow, Deanna Ripstein, said the shooting was negligent and careless.

The lawyer for homeowner David D’Amico tells The Buffalo News the suit is baseless. He likened it to a drunken driver suing a sober car crash victim after an accident.

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