LONG BEACH, Calif. (AP) — Los Angeles County prosecutors are awaiting the police investigation into an 80-year-old man who says he fatally shot a burglar in the back as she fled his home and ran down an alley.

Long Beach homeowner Tom Greer told KNBC-TV that the burglar told him she was pregnant and asked him not to shoot, but he shot her twice in the back anyway.

The coroner said an autopsy found that 28-year-old Andrea Miller was not pregnant.

Prosecutors filed murder, burglary, robbery and weapons-related charges Friday against Miller’s alleged accomplice, 26-year-old Gus Adams. He was being held on bail of more than $1 million.

Long Beach police Chief Jim McDonnell said the murder charge is possible because Adams is accused of participating in a felony that led to a death.

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