JEFFERSON COUNTY, Ga. - A homeowner who shot a suspect was running from law enforcement across his property is out of jail after spending the weekend there.

The incident has raised questions over when someone has the right to shoot someone else, especially if that someone else is a suspected criminal on their property.

Andrew Swan was charged with aggravated assault and locked up after he thought he was doing the right thing when he stopped a suspected criminal—shooting him with his gun.

"We appreciate Mr. Swan's help in trying to fight crime, but we don't want people going out and shooting people for us," said Jefferson County Deputy, Lt. Robert Chalker.

The victim in this case is the suspect who led police on a high speed car chase topping out at more than 100 mph. To escape Jefferson County deputies, Bryan Lane ran across Swan's property, leaving his vehicle behind.

Swan says he fired warning shots and told Lane to stop; when he didn't, Swan shot him in the back of the neck

Georgia law states it is illegal for anyone to use deadly force unless it's absolutely necessary.

"You can use force to protect yourself if you're in fear of your life or someone else's life is in danger, you can use deadly force to protect them," said Lt. Chalker.

Over at Sidney's, a gun and police supply store in Downtown Augusta, customers and workers say they understand why Swan did what he did.

"The man who ran put himself in a horrible position by running,” store owner Steven Fishman said. “He caused this entire scenario to happen. I'm sure the guy felt he was doing the right thing, but in all reality, you have a felon on the run cause he doesn't have his drivers' license."

The law also states it doesn't matter if the person on your property is even a convicted murderer or whatever else, if you or someone else is not threatened, you cannot shoot.

Bryan Lane, the man shot, is still recovering at MCGHealth from his gunshot wound to the neck.

The Jefferson County Sheriff's Office says Andrew Swan's case will likely go before a jury in court.

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