A 33-year-old Waupun man, who police say shot his younger brother earlier this week, will likely not face any charges because of the state’s Castle Doctrine.

The shooting followed a confrontation between two brothers at a home in Waupun late Monday morning. Waupun Police Chief Dale Heeringa said a 33-year-old man opened fire on a door of his home with a semi-automatic pistol, which the man’s 26-year-old brother was trying to break through with a pickaxe. “I think it was an ongoing dispute between the two brothers,” said Heeringa. “It was explained to us that it just kind of bubbled over and ended up with this few minutes of violence.

The younger brother was hit in the chest with a grazing wound. He was treated and released from an area hospital and is now facing possible charges in the case.

Heeringa said an investigation is ongoing, but a review of the case showed the shooting is likely justified under a state law that allows property owners to use deadly force against intruders, if they feel their safety is in danger.

Contributed by Bob Nelson, KFIZ

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