A grand jury on Thursday July 14th indicted a man who fatally shot a Maryland firefighter on illegal handgun charges but declined to hand up a murder charge in the death, which occurred as firefighters responded to a 911 call.

The five-minute incident in April occurred when responders to a medical call arrived at the Temple Hills home of Darrell Lumpkin, 61.

Prosecutors on Thursday said Lumpkin has a 1980 conviction for assault in the District, a crime of violence that should have prevented him from owning the handgun he used in the shooting of firefighter John Ulmschneider, 37.

Lumpkin had been sleeping when firefighters, fearing a medical emergency, broke into his home, Prince George’s County State’s Attorney Angela Alsobrooks said. When Lumpkin awoke, Alsobrooks said, he thought the firefighters were intruders. He told authorities he shot in self-defense.

Read more: washingtonpost.com