By Walt Hunter

PHILADELPHIA (CBS) — Philadelphia Police say it may be next week before a decision is made on whether a 56-year-old Frankford resident will be criminally charged for shooting a 30-year-old man he suspected of trying to break in to his pickup truck, parked behind his apartment on the 4500 block of Torresdale Avenue.

Lt. Norman Davenport of the Homicide Unit says the resident, who police are not identifying, saw what he believed was suspicious activity near his truck parked in the rear of his residence.

Lt. Davenport says after confronting the man, he opened fire fatally wounding the man in the back and in the back of his head. The shooter, police say, then waited for officers to arrive, turning over his gun to them.

Sources say the resident told officers he had been threatened and he believed the man had something in his hand.

Police say the victim, who they are not publicly identifying, was unarmed.

The decision on criminal charges will depend largely on how police and the District Attorneys Office interpret Pennsylvania’s “Castle Doctrine” which permits deadly force inside a home, or in immediate surroundings, if a resident feels their safety is threatened by an intruder.

At least one Frankford neighbor expressed the opinion that the resident had the right to defend himself, while another pointed out there were options short of opening fire, including dialing “911.”

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