FRESNO, Calif. - A typical walk along this canal near a home on Argyle Avenue turned into a scary situation for a man in his 70's.
Fresno Police Chief Jerry Dyer said 73-year-old Philip Kiser strolls the canal bank on a daily basis walking his dog or cleaning up. But police said on Thursday 22-year-old Damon Ray Martin, a neighbor, attacked Kiser.
"There was some type of confrontation or argument. It's my understanding they've had a conflict in the past. The 22-year-old at some point, according to the victim, grabbed a stick of some sort or a wooden object and struck the 73-year-old."
The hit caused Kiser to fall back injuring his leg. But Kiser, armed with a gun, fired at Martin.
"At that point the 73-year-old pulled out a firearm, firing three rounds at the 22-year-old striking him in the hip area as well as the wrist," said Chief Dyer.
Both Martin and Kiser were taken to the hospital. Chief Dyer said Kiser has a CCW, Concealed Carry Weapon, permit and had every right to carry a gun.
As of now, charges have not been filed against Kiser.
"It does appear the 73-year-old was attempting to defend himself and at that point pulled out the firearm in order to so," said Chief Dyer.
Chief Dyer said that Kiser is possibly a retired employee of the Department of Corrections.
We talked with legal Analyst Tony Capozzi about this case, based on what we know he believes this is truly a case of self-defense.
"This is clearly a situation where the defendant picked the wrong person to try assault. I think when the public sees this they are going to come out whole heartedly for the older person in this case for protecting himself and using the gun. This is something the second amendment people will really say, 'This is why we need to have guns'."