MONTGOMERY, AL (WSFA) - Burglary suspect Michael Roberts' brother, Leslie Roberts, will be the first to admit with no hesitation that Michael had no business burglarizing another person's property.
"He was in the wrong, yes," said Leslie Roberts.
But that's as far as Roberts will go. Leslie Roberts doesn't understand why homeowner Forrest Meigs had to shoot Michael Roberts.
"He wasn't shot right here (pointing to his chest). He was shot in the back," said Leslie Roberts.
To prove his point, Leslie Roberts turned for the camera.
"Now do you feel threatened with my back towards you? That house ain't worth nobody's life," said Roberts.
On the surface Roberts may have a point but that's not how Forrest Meigs felt at the time. he said he truly felt threatened when Michael Roberts allegedly said he had a gun and was going to kill him.
"I tackled him and he came after me hollering he was going to shoot me," said Roberts.
And whether or not Meigs' actions in a dark yard at 2 in the morning were justified, the law appears to be on his side.
Elmore County District Attorney Randall Houston says the law in essence says the only time you can use force is when you 'reasonably believe' the other person is using or is about to use force against you. Elmore County investigators have not charged Mr. Meigs with committing any crime.
Still, Leslie Roberts remains unconvinced.
"That's taking the law into your own hands. I thought that's what the police did," said Roberts.
Legally, Randall Houston isn't required to present the case to an Elmore County Grand Jury but plans to do so to get another perspective. The grand jury meets again in about 3 months.
Meantime, there is one question Forrest Meigs and investigators want to know; why did Michael Roberts come on the property in the first place.
The answer from his own brother.
"He's on pills, addicted to painkillers. He's got shoulder problems after getting stabbed 20 years ago," said Leslie Roberts.
Leslie Roberts say his brother had a job paying $15 an hour with good insurance.
Roberts tells WSFA 12 News that Michael Roberts is back in intensive care at UAB in Birmingham. Roberts was shot in the lower back, shattering his left pelvic bone, and severely damaging his small and large intestines and bladder.
Leslie Roberts says doctors have told the family Michael has a '50-50' chance of surviving.