Stephan Prokay was arrested on May 10, 2012, on suspicion of marijuana possession and unlawful possession of a gun. St. George police contend Prokay was within the law to shoot an intruder but did so while possessing marijuana. Photo courtesy Washington County jail.

Washington County prosecutors have filed formal charges against a St. George man who would have lawfully shot an intruder with an AK-47 but for the marijuana police say they found in his home.

Stephan Andrew Prokay, 20, has been charged in 5th District Court with use of a firearm by a restricted person and possession of drugs and paraphernalia stemming from a May 10 shooting.

Police say Prokay shot an intruder in the leg during a burglary attempt at his apartment near 1300 West and Indian Hills Drive. But when police were investigating the shooting, they smelled marijuana, officials said.

After detectives obtained a search warrant, they found a small amount of the drug and paraphernalia, police said. It is illegal to possess a firearm and illegal drugs under Utah law.

Prokay has been charged with a third-degree felony and two class A misdemeanors. His first court date is set for next week.

Prosecutors have also charged two suspects. Toree Edwards, 19, and Bradley Neil, 20, both of Cedar City, face second-degree felony charges of burglary and class A misdemeanor counts of destroying property.

Aaron Falk

afalk@sltrib.com