Prosecutors Wednesday declined to file charges against a Salt Lake resident who shot an intruder Tuesday morning.

Rick Otero, 26, acted within the law when he fired his .38-caliber revolver at Ambrose Thomas Piper, 34, said Bud Ellett, chief of the Salt Lake County attorney's office justice division."It was a defense of habitation if I ever saw one," Ellett said.

Lt. Tom Brown said Piper was shot during a break-in at Otero's home, 826 W. Second North. Otero, awakened by sounds of breaking glass, grabbed his pistol and fired at Piper, who was trying to enter the back door.

Piper underwent surgery at LDS Hospital for a bullet wound to the left shoulder. He was in fair condition Thursday.