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No charges yet against man who killed 'pregnant' burglar

Gus Adams, left, and Andrea Miller
Gus Adams, left, and Andrea Miller
Long Beach Police

No charges have been filed against an elderly man who shot and killed a woman he caught robbing his house despite her pleas that she was pregnant, officials said Saturday, July 25.

Prosecutors say so far, only the other alleged burglar has been charged with murder after Tom Greer, 80, of Long Beach, California after gunned down the other just outside his home.

Greer arrived home Tuesday afternoon and found Gus Adams, 26, and 28-year-old Andrea Miller, both of Long Beach. allegedly robbing his house.

Police say when Greer happened upon the robbery, Adams and Miller jumped the 80-year-old, punching and kicking him. At one point, Greer was slammed to the ground, breaking his collarbone. That's when the man had enough, police said. He made his way to another room, retrieved a gun and came out firing.

As Greer peppered the robbery scene with bullets, Adams and Miller fled through the garage and down the alley. Greer continued to fire, hitting Miller twice in the back."

"She screamed, 'Don't shoot me, I am pregnant! I am going to have a baby!'" Greer said in a PoliceOne.com/NBC News report. "But, I shot her anyway."

Greer told reporters he shot Miller to teach Adams a lesson. Miller died at the scene. Adams fled down the alley and was later arrested.

Police say Miller didn't appear pregnant. While medical examiners suspected she was with child, an autopsy confirmed she was not with child.

Greer claims he had been burglarized three previous times and told police Miller and Adams were responsible.

As of this report, prosecutors are still reviewing whether charges will be filed against Greer for firing at the suspects outside his home.

Because California has a "felony murder" rule, Adams can be charged with Miller's murder because she was killed during the commission of a felony.

"Adams is being held on charges of residential robbery and murder," Long Beach Police Chief McDonnell said at a press conference." Both suspects have criminal histories that are consistent with this type of crime."

Miller is being held on a $1 million bond. Greer could not be reached for comment.