Alleged intruder released from hospital after being shot by deputy in her own home

A man is being held in jail without bond after he allegedly broke into an Orange County off-duty deputy's home and was shot.

An ax-wielding intruder breaks into a deputy’s home! Investigators say the suspect is 40-year-old Steven Thayer.  The deputy’s neighbor said he saw it all go down.

"I kinda said to myself, dude you’re going into the wrong house.I know this girl she’s not gonna put up with that and evidentially she didn’t, she took care of business," the neighbor said.

According to the arrest report, Deputy Bridget Erwin shot the burglar because she was in fear of her life.  Her two children were screaming. It was her teenage daughter who called for help, not knowing deputies were already on their way, after they say, the thief broke into John’s home a couple of doors down.

"Me and him started wrestling and I said I’m calling 911. 'Get out of my house!' So I was on the phone with 911 and me and him are still wrestling," the neighbor said.  "I threw him over my balcony in the backyard. I threw him over the rail."

He said the suspect then ran over to the deputy’s home.

"I saw him when I was on with 911,  trying to break into her back door. And that’s when he must have had the hatchet and everything and all of a sudden I hear, 'Pop! Pop! Pop!" 

Orange County Sheriff John Mina said Deputy Erwin used her service weapon to shoot the burglar in his lower body.

Thayer is charged with aggravated assault with a deadly weapon, battery  and armed burglary.

Sheriff Mina said, "I think she did a great job. She protected herself and her kids. "

Erwin's neighbor said he has pain in his knees but is doing ok.

 "Glad everything went the right way."