PHOENIX (3TV/CBS 5) -- A 21-year-old airman from Luke Air Force Base is dead, but it's not clear if the man who shot him will face charges.

It happened at about 2:30 a.m. Sunday morning at the Alta Camelback apartments near Seventh Street and Camelback Road.  

Police say the airman, who was identified Wednesday as 21-year-old Cody Fryhover, broke into an apartment. The 27-year-old man who lives there said he woke up after the intruder kicked the glass door. He told police he shot the man who was trying to get inside.

[ORIGINAL STORY: Phoenix PD: Luke AFB airman dead after shooting at attempted apartment break-in]

No criminal charges have been filed at this point, according to the Phoenix Police Department.

Attorneys say that doesn't necessarily mean there won't be charges later as officers continue their investigation.

[WATCH: Local lawyers weigh-in on Arizona's self-defense law]

It's a mystery why Fryhover was at the apartment. 

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"In Arizona, the state law says you are justified in using deadly force if you believe your life is under imminent threat, but you have to have a reasonable belief to believe that you’re under such threat," explained Thomas Galvin, an attorney at Rose Law Group who is not connected to this case.

Based on the information police have put out, Galvin thinks the shooter was justified in believing he was under imminent threat of harm.

"A lot of time these things are sort of a bang-bang, where things happen very quickly, especially at night in the fog of the situation where people are in elevated situational awareness, so it might be justified where someone sees someone at the back door and immediately thinks their life is under danger," Galvin said.

Galvin said prosecutors are likely still looking at the evidence.

"They want to know where the shooter was when he shot the intruder or the person breaking in, whether or not the person was even living in the complex," said Galvin. "I know the complex has very good security, so the question is how did they get in? Perhaps they are a resident. Maybe they’re not. I think that would be an important factor, and then where the shooter was when they saw the intruder."

Arizona's Family spoke to another attorney not connected to the case to hear his insight.

"...If a reasonable person is in a moment where somebody has already damaged their door or entry and is continuing to use force to access the interior of their home, it seems entirely reasonable to believe that that intruder intended to do physical harm," said Michael Kielsky of Udall Shumway. "Use of a reasonable amount of force in that moment in self-defense seems objectively reasonable. When the prosecutor is deciding if to bring criminal charges, one of the considerations is whether there is a reasonable likelihood of conviction. Because in Arizona, when there is a claim the person was justified in using force and there is evidence that supports this claim, a jury would have to find beyond a reasonable doubt that the accused was not justified in order to convict."

"A prosecutor will weigh the strength of the justification evidence before deciding whether to file charges," Kielsky continued. "Here, it sounds like justification applies, based on the limited information that's been made public."

When identifying Fryhover on Wednesday, police noted that the investigation is ongoing and that it will be some time before a charging decision is made.

 


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