A store owner who killed a man during a break-in will not be charged in the shooting, Walla Walla County Prosecutor Jim Nagle said Monday.

An inquest jury ruled in a 4-2 decision Friday the shooting of Cesar Chavira by New York Store Western Outfitters owner John Saul was justifiable homicide.

"The jury verdict of the coroner's inquest indicates how difficult the prosecution of this case would be," Nagle said.

The shooter does not have to prove the homicide was justifiable, Nagle said, and a trial jury would have to be convinced beyond any reasonable doubt that it was not self-defense.

The case is likely to continue in a civil lawsuit, the Union-Bulletin reported ( http://is.gd/DVKy3L). Chavira's family intends to sue Saul, according to the family's attorney Michelle Trombley.

Testimony in last week's inquest said Saul, 63, shot Chavira, 22, about 2:30 a.m. on May 4 as the younger man fled the store with belts and belt buckles. Saul also lives in the store and said he was awakened by the break-in and feared for his life.

The investigation by sheriff's Det. Sgt. Gary Bolster showed that Saul fired his 12-gauge shotgun five times at a distance between 120 and 155 feet, striking Chavira in the back with nearly 50 pellets. Chavira was in the street outside the store when Saul fired.

In a letter stating his decision not to prosecute, Nagle stated the Washington state Legislature and Supreme Court have made it clear that a person should not be charged with murder or manslaughter "when they are defending themselves, their property, or against a felony, unless the prosecution has sufficient evidence to prove the absence of any of the defenses to a jury beyond a reasonable doubt."

Saul's lawyer Mike Hubbard said Nagle's decision is the "right and just choice."

Saul is sorry for the shooting death, Hubbard said.

"John is a very peaceful, nonviolent type of guy," Hubbard said. "It's been extremely hard on him."

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Information from: Walla Walla Union-Bulletin, http://www.union-bulletin.com