By Cleve Bryan, Jim Melwert

PHILADELPHIA (CBS) – Police say a man is in custody after he shot and killed another man he claims was breaking into his pickup truck Thursday night in the Frankford section of Philadelphia.

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This happened just after 10 p.m. on the 4500 block of Josephine Street.

According to police, the 30-year-old victim was found dead by police with at least one bullet wound to the head next to the truck in the shooter’s driveway.

The 56-year-old owner of the truck told police the person breaking into his truck threatened him and had something in his hand.

Investigators said he stayed at the scene and he also gave police the gun used in the shooting.

“It is unusual,” Chief Inspector Scott Small says. “Normally the shooter flees right after firing the weapon, but in this case, the 56-year-old shooter remained on location, turned the weapon over to police and voluntarily came with us to homicide.”

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The shooter was being questioned by police.

Philadelphia Police Commissioner Charles Ramsey says they’ll gather all the info and then the district attorney’s office will have to decide if charges are warranted.

“Breaking into a car, in and of itself, is not something that would lead to deadly force,” Ramsey notes. “However, I don’t know all the facts, and that’s why the investigators have to do what they always do, a very thorough job, and then present it to the DA, and they’ll decide.”

Tyronne Shoffner, who came home Thursday night to see the body lying in the street near his home, questions if there could have been a more peaceful outcome.

“There could have been another alternative instead of just shooting and killing them right then and there. If you see someone breaking in, obviously call 9-1-1 and let someone know,” says Shoffner.

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The deadly incident remains under investigation.