The Oct. 28 shooting inside a Lancaster Township apartment ended an affair Raymond Anthony Leary, 42, was having with Robert Wright's wife.

Totaro issued the ruling after spending the past week reviewing statements from witnesses and medical and autopsy reports.

"Despite this decision, it should be clear that the use of deadly force is only justifiable under very limited circumstances, as a last resort," Totaro said in a statement.

A love triangle between Leary, Wright and Guilene Wright, 45, led to the brawl.

Leary struck Wright in the head with a liquor bottle and punched him in the face several times. In the brawl, Wright also lost a tooth and required five staples to close a gash on his head.

Wright shot Leary once in the abdomen with a 9 mm semiautomatic handgun. He had a permit to carry the gun and wore it in a hip holster.

Guilene Wright obtained a protection from abuse order against Leary in March but continued to see him. Leary had previously punched her in the face and stole her vehicle.

Leary had been in and out of prison for the last five years on drug, theft and assault charges. He was paroled Oct. 16 from Lancaster County Prison.

Investigators determined Leary was drinking malt liquor before arriving at 610 Sterling Place shortly after 5 p.m. Oct. 28.

He got into an argument with Guilene Wright and pulled her hair before leaving.

A short time after Leary left, Guilene Wright called her husband to come home for dinner.

The couple were spending time with their 12-year-old son when Leary returned shortly before 8 p.m.

Guilene Wright went next door to 612 Sterling Place where Leary confronted her about Robert Wright being there.

After a brief argument, Leary went into 610 Sterling Place and asked Robert Wright if he also was sleeping with Guilene.

Leary attacked Robert Wright and knocked him to the floor.

The noise of the brawl alerted neighbors Malcolm Dollard and Sabrina Durand.

Dollard saw Robert Wright lying injured on the kitchen floor and Leary yelling at Guilene. Dollard pushed Leary out of the apartment.

Leary separated from Dollard and went back into the apartment. He struck Wright with a bottle.

Stunned from the blow, Wright pulled his handgun from the holster and pointed it at Leary.

Leary twice asked, "Are you going to shoot me?"

Wright fired two shots. One struck Leary; the other hit the floor.

The 12-year-old called 911 and told a dispatcher, "This guy hit my daddy, please come."

Guilene also spoke to the dispatcher, saying, "My husband was just beat to death, and he shot the person. My husband had to shoot the guy, he knocked him unconscious."

An autopsy determined the bullet went into the front lower left side of Leary's abdomen.

The only other injuries Leary suffered were cuts to his hands, fingers and knuckles caused by punching Wright.

"Interviews from all known witnesses clearly establish that Robert Wright was justified in the use of deadly force to protect himself against death or serious bodily injury," Totaro said. "Wright did not provoke the attack, nor could he safely retreat."