Gurminder Parmar and his wife have been the victims of robberies before. In fact, Parmar’s wife says their little mom-and-pop convenience store has been getting robbed a lot lately — almost weekly — and some have even used guns. So Parmar got one of his own, and when 21-year-old  Christopher Driggers came in and tried to take off with a case of beer, Parmar opened fire.

He hit Driggers — who the Lodi Sun-Sentinel says is an Army soldier — with one bullet in the shoulder, but that didn’t stop him. Police later found him several blocks away with the beer. But here’s where the story gets really controversial: the thief — who admitted his crime — hasn’t been arrested, but Parmar has.

Shop Owner Arrested for Shooting Beer Thief in California

Gurmindar "Gary" Parmar

“After, after he got the beer he just ran out the store. That’s when this cashier decided to shoot at him,” Lodi Police Officer Jim Pendergast told the local CBS station.

According to police, there’s nothing to suggest Driggers was armed, but Parmar’s wife, Satnam, told the station her husband thought the exact opposite.

“He told me he thinks that guy had some weapon with him, that’s why he shot him,” she said.

“According to the police,” the Sun-Sentinel reports, “in California a person is allowed to use deadly force only when their life or the life or someone around them is immediately threatened.”

“I am very upset,” Satnam told the Sun-Sentinel. “I have no idea how he is doing. We have no other employees, it is just us.”

According to the report, Parmar faces charges of assault with a deadly weapon and is still behind bars. He faces four years in prison. Police told the station it’s up to the district attorney to file theft charges Against Driggers, who was treated and released at a local hospital.