PITTSBURGH -- A home invasion suspect was shot after a house in the 3100 block of Josephine Street was broken into on Pittsburgh's South Side late Wednesday night.

According to police, Dale Boehm, 19, and another man broke into the home through the kitchen while a resident there was watching the Penguins game.

Police said a 25-year-old resident of the home heard the door being kicked in, so he grabbed a gun and began exchanging fire with Boehm and another man.

Boehm was shot in the stomach, police said. He was taken to UPMC Mercy Hospital in critical condition.

"We heard some sounds that thought were fireworks for the Penguins game, but it wasn't," said neighbor Josh Ebaugh, who said he realized it was gunfire when police showed up.

Police were unable to locate the other man involved in the home invasion. They recovered a baseball bat and firearm at the scene.

Attorney John Elash, who has tried 150 homicide cases in the last 33 years, knows a bit about self-defense with deadly force.

In 1981, Elash won an acquittal for Carrol Jones who shot two unarmed home invaders, killing one.

"They didn't have a gun or knife on them, but they were coming at him," Elash said. "In your own home, you don't have to retreat. You don't have to back up. You don't have to run into another room. You can protect yourself right there, and you can use deadly force."

The man who shot the intruder said he is packing his belongings and moving out of the home.

Boehm is charged with burglary, robbery and aggravated assault, among other charges. Police said he would be taken to Allegheny County Jail once he is released from the hospital.

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