PALESTINE, Texas (KETK) – A Palestine man is in critical condition after reportedly burglarizing a home and being shot.

At 1 a.m. on Wednesday, Palestine Police Department responded to a residence in the 100 block of Clearview after a homeowner reported their home was being burglarized. Reports also came in from neighbors saying they heard gunshots.

At the time of the call, officers were in the area looking for an individual who had been lurking around suspiciously.

Officers eventually found the suspect lying in a neighborhood yard with gunshot wounds in the neck and abdomen. He also had nearly six grams of suspected methamphetamine in his pocket.

The suspect was identified as Oscar Oliver, 39.

After speaking with the homeowner, officers learned that he and his wife were woken up by someone making noises in their home. That’s when the homeowner found Oliver exiting the front door of his residence. He went on to say that Oliver had broken into their vehicle and hotwired it.

That’s when the homeowner fired several shots, with two striking the suspect.

Oliver was life-flighted to a Tyler hospital where he remains in critical condition. He is being charged with Burglary of Habitation and Unlawful Use of a Motor Vehicle.

Charges were upgraded to a first-degree and third-degree felony because of Gov. Abbott’s state of disaster declaration.

“This homeowner acted well within his rights to protect his family and his home.” PPD interim Police Chief Mark Harcrow said. “Based on the facts of this case, we will recommend that charges not be filed for the shooting. Ultimately, that is for the grand jury to decide.”

Anyone with information regarding the incident is asked to call the Palestine Police Department Criminal Investigations Division at (903)731-8484.