MADISON (WKOW) -- The homeowner involved in a deadly shooting last week on Madison's north side is now facing charges.
Court documents show Jose Malik Gomez was arrested following the shooting at his home on Packers Avenue.
Madison Police Department Chief Shon Barnes said a masked man forced his way into a home on the 1700 block of Packers Avenue where a man, woman and child were inside.
According to court documents, the homeowner, Jose M Gomez, shot and killed the suspect.
Now, Gomez is charged with illegally possessing the gun used in the homicide.
The criminal complaint states Gomez and his wife originally told police the intruder fired shots into their bedroom, and detectives said Gomez claimed his wife shot the intruder.
However, in a follow-up interview, detectives said Gomez admitted to being the one who fired the gun. Detectives did not clarify if the intruder had a weapon and if he fired any shots.
Despite admitting to firing the gun, Gomez is not currently facing murder charges in the suspect's death. This is because Wisconsin self defense laws state a homeowner can legally shoot an intruder who forces their way into their home.
In his initial court appearance in Dane County Circuit Court, Assistant District Attorney Tomas Valerio confirmed that information.
"It looks like police were originally called out because Mr. Gomez shot and killed and killed an intruder. We're not prosecuting him for that," he added.
Instead, court documents show that Gomez was charged with possession of a firearm by a convicted felon along with two drug charges.
"What we are prosecuting him for is the giant drug dealing operation in his house, he had pounds of THC, pills and ecstasy," Valerio said.
The judge set Gomez's bail to $1,000 case.
Gomez's wife is also charged with maintaining a drug trafficking place and will appear in court in October.
27 News has reached out to a spokesperson for the Madison Police Department for further comment on their investigation but has not heard back.
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