MONROE -- A burglary suspect is dead after the homeowner opened fire. It happened Monday morning in Waxhaw.

Now, the district attorney is working to figure out if the homeowner was protecting his family or if he was protecting his property.

How the DA’s office answers that question will determine if the shooting was a legal case of self-defense.

Union County deputies arrived at the home on Locklyn Road around 12:30 a.m. Monday. John David Mobley, 38, had been shot. Paramedics tried to save his life, but were unable.

“It’s not worth a life,” said Mobley’s Aunt Mary Wheeler. “It’s like you see a dog and you don’t want him on your land and you shoot him.”

She and other family members are questioning why Mobley was killed.

Deputies said Mobley was breaking into some cars that were owned by homeowner Lonny Kirkley. Police said Kirkley grabbed a gun and went outside to investigate.

“At some point Mr. Mobley exited the truck, the homeowner fired one time, striking the subject," said Ben Bailey of the Union County Sheriff’s Department. “The suspect ran, fled the scene and was found about 40 yards away.”

Mobley had just been released from prison a few months ago. He had been arrested for drugs, drug paraphernalia and resisting an officer.

Friends of Mobley said he was no stranger to trouble, but he did often help the elderly with raking leaves and cleaning up around their yards.

While his family recognizes Mobley’s past, they think the homeowner should be prosecuted. Wheeler wants the homeowner to be charged.

“I’m 74-years-old and I want justice,” Wheeler said.

The Kirkley family was not available for comment, but deputies said they were completely cooperative in their investigation.

The DA is waiting on the medical examiner's report to see if Mobley was shot in the back while running away.

That determination is a key piece of evidence because the law does not consider a suspect who is running away a threat.