This is an archived article that was published on sltrib.com in 2016, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

A Salt Lake City man who shot a suspected burglar inside his mother-in-law's house and then fired more shots after chasing the would-be thief down the street will stand trial on assault and firearms charges.

At the conclusion of a Tuesday preliminary hearing, 3rd District Judge Matthew Bates ruled there is probable cause to proceed with the case against 51-year-old Glen Wayne Decker and scheduled an arraignment for Aug. 12.

In making his ruling, Bates rejected a request to dismiss the case by defense attorney Walter Bugden, who argued Decker was entitled to use force "to defend his castle" under the defense-of-habitation section in Utah law.

State law allows the use of deadly force — or force intended or likely to cause death or serious injury — only if an unlawful entry is made or attempted in a "violent and tumultuous manner, surreptitiously, or by stealth" and a person reasonably believes the purpose is to assault someone or if a person believes the entry is made or attempted for the purpose of committing a felony. Under both scenarios, the person must "reasonably believe" the force is necessary to prevent the assault or the commission of the felony.

Bates noted that the suspected burglar, Shane Kennedy, claims he put his hands up when confronted by Decker and was backing up toward the door when he was shot. Whether it was reasonable for Decker to believe the force he used was necessary is a question for a jury to decide, the judge said.

Decker is charged with aggravated assault and three counts of felony discharge of a firearm, third-degree felonies punishable by up to five years in prison. Police have said Kennedy was unarmed when he was shot and apparently did not pose a threat at the time.

According to police, Decker and his wife had been taking care of her mother's unoccupied house near 1100 E. Harvard Ave. (1150 South), which had been burglarized multiple times. The two decided to stay inside the home on April 27 to try to catch the burglars and armed themselves with handguns.

Just before 10 p.m., Kennedy, 49, and Paulette Marie Gray, 47, came into the darkened home through the back door and were confronted by the couple, police said. Decker — who pointed a gun in Gray's face and then passed her off to his wife — told investigators he warned both of the intruders to wait for police.

Gray complied but Kennedy pushed past Decker and began backing toward the door, police said. After Decker shot him in the left side, Kennedy ran outside and got stuck when his backpack got tangled in bushes outside the door. He got loose, fled down the street, jumped into Gray's car and drove away.

Decker told police that he "unloaded" the rest of his bullets as Kennedy drove away. Kennedy later showed up at a hospital in serious condition.

A check for $6,000 from an antiques store that was made out to Gray was found on the front seat of the car, according to police. The money allegedly was for two oil paintings that had been stolen a few days earlier from the home.

At Tuesday's hearing, Gray testified Kennedy had given her the paintings to sell and told her he bought them at an estate sale.

Gray also said she thought the house on Harvard Street belonged to friends of a friend and followed Kennedy through the back door on April 27. She thought she heard voices inside and called out, "Hello," according to Gray.

The two were confronted by Decker and his wife, who moved her to another room, Gray said. She heard Decker yelling at Kennedy and then heard a gunshot.

"He was trying to get away and that guy shot him," Gray said. "Unfortunately, I think I would have done the same thing."

In his testimony, Kennedy said he and Gray went to the house to pick up a friend who was drunk and needed a ride. He claimed Gray entered the home first and he followed.

"As soon as I walked in, I had a gun held on me," Kennedy said.

He said Decker told him to freeze but doesn't remember him threatening to shoot. He said he was there to pick someone up and backed up to the door, Kennedy said. Then, Decker shot him and he ran outside, he said.

Kennedy alleged Decker "was calling me every name in the book" as he ran and that he heard gunshots as he took off in Gray's car

Kennedy and Gray, who testified with their hands chained behind their backs, are back in prison. Kennedy, who was paroled in January after serving time for theft by receiving, was sentenced to 90 days after pleading guilty to class A misdemeanor criminal trespass.

Gray, paroled last October after time behind bars for drug possession, pleaded guilty to third-degree felony burglary and was sentenced to zero to 5 years.

Twitter @PamelaMansonSLC