SPOKANE, Wash. - The homeowner who shot and killed a man who he thought was breaking into his home said he remained despondent over the fatal shooting on January 30.

That night Jerry King was banging on the doors at several homes as he made his way home on foot from a trip to the store. He was looking for a residence he was staying at nearby, and had pounded on the door of a home a block away moments before he walked up to the front porch of Kevin Elliot's home.

An autopsy later showed that King's blood alcohol level was three times the legal limit when he started banging on doors in the northwest Spokane neighborhood. He was staying at a home down the street, but wound up at Elliot's place waving his arms and yelling to be let inside.

"He looked through the peephole, saw someone acting erratically, oddly, someone what aggressive," defense attorney Kevin Curtis said.

Elliott's wife called 9-1-1 and asked for police to respond to their residence while he went upstairs to grab his pistol and "went back up to the door, saw the individual was still there, was not leaving was acting more aggressively," Curtis said.

Elliot then faced King through the storm door, identified himself at the homeowner and told King that he now was armed and police were on the way.

"There was nothing that would appear to Kevin that this was an individual who was simply lost or trying to get into their own residence he was belligerent, he was acting aggressively, making physical threats to do harm," Curtis said.

Those threats allegedly including beating up Elliot, who was inside the home with his wife and infant child. The fact Elliot now had a revolver in his hand did not deter King from trying to force his way through the door.

"He would not leave after several requests to get off his property and Kevin did still not take any action until the individual started physically breaking the storm door attempting to get in," Curtis said.

After a final warning Elliot fired a single shot into King's chest.

Prosecutors say Elliot was not in a position of retreating from the threat because he was inside his own home and therefore his use of deadly force was justified.

Elliot declined an interview on camera Tuesday because he doesn't want anyone to think he's proud or pleased with taking someone else's life and remains despondent about the incident.