Police say Gilbert L. Klemann feared for his safety when he shot George Thurman Epperly late Wednesday just after the burglar pushed him to the ground inside the home on Holly Hill Road.

"Dr. Klemann was well within his rights under the law in using deadly force to kill the burglar," District Attorney Danny Craig said. "The case will not be presented to a grand jury."

Mr. Epperly, a convicted felon, had done odd jobs around the doctor's home in recent years. He came to Mr. Klemann's home Wednesday night and argued with him about tools he said he needed to pick up, police said.

Mr. Klemann said he thought he was about to be conned, so he got into his car and circled the neighborhood, thinking the man would leave. He returned about 10:30 p.m. and found the man inside his home, ransacking his bedroom, said Sgt. Scott Peebles of the Richmond County Sheriff's Office.

Mr. Klemann told police that Mr. Epperly then demanded money from him and pushed him to the ground. Mr. Klemann said he gave up his wallet and $35 cash, but the man wanted more.

When Mr. Epperly came at him again, this time with a jar of change in his hands, Mr. Klemann pulled a .22-caliber derringer from his pocket and shot the intruder in the chest, Sgt. Peebles said.

"The guy was definitely treating him in a threatening manner," the sergeant said.

After the shot was fired, Mr. Klemann called 911, telling a dispatcher that he had just shot a man. He asked the dispatcher several times to get an ambulance to the home quickly. Mr. Epperly was taken to Medical College of Georgia Hospital, where he died at 11:16 p.m.

Mr. Klemann complained of chest pains and was treated at University Hospital. Police said he was staying with relatives Thursday.

Mr. Epperly, 42, of Bennock Mill Road, had spent time in prison for burglary and criminal trespass. His family took out a warrant against him earlier this month, accusing him of stealing a relative's car. He was charged Aug. 1 with drunken driving and driving without a license.

Reach Greg Rickabaugh at (706) 828-3851 or greg.rickabaugh@augustachronicle.com.