LONG BEACH, Calif. (AP) — An 80-year-old man who came home to find two burglars said he shot and killed one of them despite her pleas that she was pregnant, but it's the woman's alleged accomplice who has been arrested on suspicion of murder, police said. Israel Ramirez with the Long Beach Police Department addresses the media at a news conference Thursday, July 24, 2014, in Long Beach, Calif. Police said they're deciding whether to arrest an 80-year-old... (Associated Press) 
 
 Police said they would present their case to prosecutors Friday but were still deciding whether to recommend charges against Tom Greer, who told a television station he shot the woman in the back as she fled from his house. "She says, 'Don't shoot me, I'm pregnant — I'm going to have a baby,' and I shot her anyway," Greer told KNBC-TV outside his house. Long Beach police Chief Jim McDonnell said at a news conference Thursday that the woman, 28-year-old Andrea Miller, did not appear to be pregnant, but a planned autopsy would determine whether she was. However, the surviving suspect, Gus Adams, 26, has been arrested on suspicion of residential burglary and murder, McDonnell said. The murder charge is possible because Adams is accused of participating in a felcony that led to a death, Long Beach Police Chief Jim McDonnell said. He was being held on bail just over $1 million, and police did not know if he had hired an attorney. McDonnell said the homeowner came home around 9 p.m. Tuesday and surprised Adams and Miller, who were trying to break into a safe. The homeowner was able to get to another room where he grabbed a gun and returned to open fire on the suspects. They fled through the garage and into an alley, and Greer gave chase, firing at them again outside, McDonnell said. McDonnell declined to say how many shots were fired or to confirm that Miller was shot in the back. I’m going to have a baby!’ And I shot her anyway.” 
 
 Investigators won’t say whether the shooting happened inside the house or in the alley behind the home. No phone listing was available for Greer and he could not be reached for comment by The Associated Press. Under California law, homeowners have a right to protect themselves with deadly force inside their homes and in the immediate vicinity — such as a patio — if they feel they are in imminent danger of great bodily injury or death, said Lawrence Rosenthal, a former federal prosecutor who teaches law at Chapman University.
– An 80-year-old Long Beach, Calif., man says he gunned down burglary suspect Andrea Miller Tuesday night as she pleaded for the life of her unborn child, reports the AP. “She says, 'Don't shoot me, I'm pregnant, I'm going to have a baby!' And I shot her anyway," Tom Greer told KNBC-TV. And while cops mull whether Greer will be charged or let off for self-defense in Miller's death, there’s another major question to answer: whether 28-year-old Miller actually was pregnant. Despite her desperate appeal to Greer as she tried to flee, police say she didn’t appear to be with child and that an autopsy will clear up if she was. (Update: That autopsy has found she was not pregnant, reports Fox News.) Miller and her alleged partner in crime, 26-year-old Gus Adams—who were both unarmed, cops say—allegedly pummeled Greer with their hands and “body-slammed” him to the ground when he busted in on the burglary. Greer says he somehow managed to grab his own gun and shot Miller as she ran away. Cops say Adams has been arrested on suspicion of residential burglary as well as murder, because he was involved in a felony crime that resulted in a death. A neighbor tells CBS Los Angeles that Greer is a “nice old man” who’s been the victim of previous break-ins—and Greer suspects that Miller and Adams were responsible for those, too. However, as a legal analyst notes to KNBC, “[Greer] did shoot a person who was trying to get away … he wasn't in imminent danger himself, and the law says you can't shoot somebody under those circumstances.”