OAKLAND -- An authorized medical marijuana grower involved in two gunbattles Monday morning with robbers in which one of the suspects was killed will not be prosecuted, police said Wednesday.

The 57-year-old man was legally defending himself when he fatally shot a 20-year-old San Francisco man inside his duplex in the 300 block of Seventh Street on the edge of Chinatown, police said after reviewing the case with the district attorney's office.

His name was not released. He was not injured.

The man killed was identified as Tommy Nguyen. Two other suspects are being sought.

Police said the man has rented the two-story duplex for about a year. Besides owning a small business, the man also is legally authorized to grow and sell marijuana to others for medicinal purposes and also is approved to use marijuana for his own medical use, police said.

More than 100 marijuana plants were being grown in the downstairs unit. The man lives upstairs with his two Labrador retrievers.

He was awakened about 4:40 a.m. Monday by noises coming from downstairs and armed himself with a semi-automatic pistol he got for protection since recently chasing some possible robbers out of his yard, police said.


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Officer Steven Bang said the man was at the top of his staircase when he was confronted by Nguyen who pointed a gun at him and started shooting, prompting an exchange of gunfire between them during which Nguyen was fatally wounded.

Bang said the man later told investigators that during the gunfights, "he was scared and thought he was going to die."

Moments later, the two other suspects came up the staircase and one of them started shooting at the man who once again returned fire.

The two suspects fled the duplex, but not before one of them fatally shot one of the man's dogs, a chocolate Labrador who had begun attacking him. The other dog, a black Labrador, was not hurt.

Two semi-automatic pistols that police said the suspects had with them were recovered at the scene.

Police are still trying to determine how the suspects gained entry to the duplex.

The man told police he "most likely" planned to move.