LOS ANGELES (AP) — Prosecutors have declined to charge an 80-year-old Southern California man in the killing of a burglary suspect who falsely claimed she was pregnant.

The Los Angeles County district attorney’s office said Monday it will not charge Tom Greer in the shooting of the woman who asked him not to fire.

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An autopsy later showed Andrea Miller was not pregnant.

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Long Beach police say Greer surprised Miller and Gus Adams when he returned home on the night of July 22 and found them breaking into his safe. The two allegedly beat him and broke his collarbone before he got his handgun and started firing.

Adams has been charged with Miller’s murder under the theory that he committed a felony that led to her death. Adams is also charged with burglary and robbery.

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