LOUISVILLE, Ky. (WHAS 11)--A Louisville man facing charges of burglary and murder, but according to police he never fired the deadly shot.

Police say 23-year-old Aaron McDuffie and another person kicked in the door and broke into a home at 3815 North Cumberland Drive on Nov.18.

Once inside, the homeowner, shot at McDuffie and the other suspect, hitting and killing the other man.

McDuffie was arrested shortly after the man was found shot in the back yard.

A local attorney explained to us that McDuffie is charged with the murder because he and the man who was killed were in the middle of committing a crime they knew could put their lives at risk.

The homeowner who pulled the trigger won't face any charges.

McDuffie is being held at Metro Corrections on $250,000 cash bond and is due back in court on December 1.