A grand jury voted not to indict a man Friday who shot a 12 year old boy in the face.

The Buffalo man says he accidentally shot the 12-year-old last November because he believed someone was trying to break in to his home.

61-year-old Edward Bald said he saw someone throwing large rocks through the back windows of his home on Quincy Street.

Bald claims he and his neighbors have been victims of theft and vandalism in the last few years.

He said he called 911 and was put on hold, so when he heard someone trying to break-in, he fired a warning shot with his shotgun.

"He believed that he was about to be burglarized,” said Erie County District Attorney John Flynn. “He believed that a rock came through his window and they were going to come through the window. He did see an individual out there. after he shot, but he did see an individual out there."

State law allows a person to use deadly force to defend their home but only under limited circumstances.

A family member says the boy, now 13 lost his right eye and suffered a collapsed lung, brain swelling and damage to his esophagus.