WAXHAW - The case of a homeowner who shot and killed a suspected burglar in Waxhaw has been handed over to the Union County district attorney.

One piece of information, that's just been released, about the fatal shot could weigh heavily the DA’s decision to file charges against the homeowner.

Members of the sheriff’s department met with the district attorney Wednesday morning. The DA he will be looking at the actions of Lonnie Kirkley, who allegedly shot and killed John David Mobley, 38.

At issue? Was this a case of self defense?

Sources indicate that the autopsy showed that Mobley was shot in the back left shoulder and that the bullet traveled at an angle and exited out of the right front chest area.

That tells investigators that Mobley was not shot as he was fleeing, but angled more toward the side, a strong indication that Mobley was getting out of Kirkley's car.

Deputies said the homeowner got up early Monday morning to see if someone was breaking into his car. Police said he went outside his home and confronted Mobley.

By going outside, Kirkley left the safety of his home and that might get him in trouble because the law does not allow people to use deadly force to protect property.

The DA did not comment on the case so there is no word on when he will make his decision.