"Both the homeowner and Prochaska are at opposite ends of the hallway. The homeowner verbally challenges him, tells him to leave, to get out," Davis [Lt. Danny Davis, head of Janesville police detectives.] said.

This morning, investigators still had not talked with Prochaska, but Davis said Rainiero told officers that after ordering Prochaska out of the house, Prochaska stepped into a bathroom off the hallway.

"That's when the homeowner retreated to the bedroom and got his gun," Davis said.

Rainiero told police he loaded the .380-caliber semiautomatic pistol that he keeps in his bedroom and cocked a shell into the chamber, Davis said.

"When the homeowner stepped back into the hallway with his firearm, Prochaska emerged from the bathroom and was now back in the hallway," Davis said.

Rainiero told police he verbally challenged the intruder again, Davis said.

"When Prochaska did not respond to the homeowner's request to leave, the homeowner shot him," Davis said.

Still, as O'Leary noted, the shooting was reasonable and justified because Rainiero was entitled to self-defense and to protect his family. Also, Rainiero had no reasonable chance to retreat because the intruder didn't comply with repeated demands that he leave.

Wisconsin's self-defense law allowed Rainiero to intentionally use force if he "reasonably" believed there was an imminent unlawful interference to him and if he needed to use that force to prevent or stop the interference. State law didn't require Rainiero to retreat. But in determining whether he acted "reasonably," prosecutors could consider whether he had a chance to retreat or whether doing so was reasonable.