The judge said Anthony Spray deserved a custodial sentence
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A retired Cumbrian businessman found guilty of shooting a teenager he feared was a burglar, has been spared a jail sentence.
Anthony Spray, 64, of Broughton-in-Furness, Cumbria, said drunken Paul Evans, then aged 19, was about to attack him and his wife Patricia on the doorstep of
their home.
Mr Evans, now aged 20, of St Ives, Cambridgeshire, had his left eye removed after Spray shot him with a .22 air rifle in the early hours of 2 November 2002.
Judge Michael Byrne, sitting at Preston Crown Court, gave Spray a 12-month prison term, suspended for two years.
The judge also ordered Spray to pay Mr Evans £3,000 in compensation, prosecution costs of £1,650 and defence costs up to £15,000.
Spray was found guilty at Lancaster Crown Court in April of causing grievous bodily harm.
Listening to music
The jury cleared him of causing grievous bodily harm with intent.
They heard Mr Evans had driven to Broughton-in-Furness, for a family birthday and had been drinking at the High Cross Pub, next to Spray's bungalow.
Mr Evans had been listening to music in his car outside the pub when he left his vehicle to urinate in a nearby lane.
On returning, Mr Evans mistakenly confused Spray's L-shaped bungalow with the L-shaped pub where the trainee engineer had a room booked for the night.
The retired businessman was woken by banging on his door and got his .22 calibre air rifle, which he had bought to shoot rabbits on his vegetable patch.
He loaded it and took it with him into the hall, at which time the door opened and Mr Evans moved forward.
As Mr Evans approached the hall, Spray fired the gun.