http://www.kget.com/news/local/story.aspx?content_id=0ec39697-5aae-4a29-86fe-ef07709afd05 Man Arrested for Shooting Intruder Last Update: 10/01 8:27 pm A man faces charges for shooting an intruder with his pellet gun in his own backyard. Christopher Helton says he was shocked that he was the one arrested after defending his property, but the sheriff's department says the law isn't that cut and dry. Helton uses medical marijuana for his illness. "I have a brain tumor, Colloid cyst, in the center of my brain," he said. "I smoke medical marijuana to alleviate the nausea, the vomiting, and the constant headaches." Helton grows backyard medical marijuana garden and has his prescription posted. The garden is shrouded in plastic, laced with trip wires tied to aluminum cans, and guarded by motion detectors to ward off thieves. Helton usually sleeps in a recliner in his backyard with one eye open. But on Saturday night, for the first time in two weeks, he slept in his bedroom. Then his motion detectors went off. "I woke up, I looked out, I seen a dark hooded figure," Helton told 17 News Wednesday from his backyard. He says the intruder was walking into his garden and pulling out a plant. Helton grabbed his pellet gun, and ran into his garden. "I yelled, hey! and he jumped at me like this, i don't know what he had, i don't know what i saw, but i was scared and i shot him." The shooting victim was taken to Kern Medical Center for a minor wound to his chest. Then, the Kern County Sheriff's Department arrested Helton for Assault with a Deadly Weapon, other than a firearm. So when is it alright to fire at someone trespassing on your property? Senior Deputy Michael Whorf says it differs case by case. "However, every person has a right to protect themselves. Obviously, if they're in fear of their life, or in fear of great bodily injury, then you would obviously have the right to protect yourself in those situations." Whorf adds, if the circumstances are not there, then the arrestee will have a hard time justifying their actions to the investigating officer. Helton says he lives in fear of the threat of home invasion robberies. "I'm scared," Helton says. "I'm an ex-Marine, and i'm still scared of it." Helton is due in court October 10th.