Oakland homeowner who fatally shot burglar to be released from jail

A homeowner in Oakland who was jailed after fatally shooting a burglary suspect earlier this week will be released, according to law enforcement sources.

Those sources have not said when the 77-year-old homeowner, who has not been named, will be released from custody. The district attorney's office has 48 hours to determine whether to file charges. If no charges are filed, the jailed person is released from custody.

The district attorney can file charges later as the investigation into the incident is ongoing.

The homeowner was arrested on suspicion of murder after invoking his right to remain silent.

On Monday, just before 6 p.m. at 98th Avenue and Burr Street in East Oakland, two men and a woman pulled up to a residence in the area in a stolen Infiniti Q40.

A witness told police the three went onto the property and one of the men had a crowbar. The witness then heard a gunshot.

According to court documents, police arrived at the scene and found the homeowner pointing a stolen Colt Python revolver at the female suspect.

That woman told police the homeowner had shot her friend. Oakland firefighters and paramedics tried to save the suspect, but he died at the scene. He has not been identified.

Police said the third suspect, 31-year-old Jamon Fisher, was found at the scene with a replica gun and arrested on suspicion of burglary.