Late Tuesday night, a four-year-old boy was shot in the chest during a botched robbery attempt outside a halfway house in the Bronx. Yesterday, authorities said that they wouldn't charge father Bobby Baltazar for shooting one of the attackers, 17-year-old Jose Marte, who he had chased down after his son Cincer had been shot. But things might not be that simple for Baltazar: “It’s a very close call. Generally speaking, you’re not allowed to shoot people in the back as they’re running away,” defense attorney Ron Kuby told the Daily News about Baltazar’s legal prospects.

However, Kuby adds that if it determined that Baltazar was still facing imminent danger, he could escape charges: “You can use deadly force to prevent deadly force from being used against you,” Kuby said. But former Bronx prosecutor Martin Goldberg said that the fact Cincer was shot first means nothing legally: “You can’t shoot someone when they’re trying to run away, even when they’ve committed a violent crime...you can’t shoot a fleeing felon,” Goldberg said.

The shooting took place outside a halfway house at Grand Avenue and Evelyn Place around 10:30 p.m Tuesday. Baltazar and Cincer were returning from having ice cream when three robbers confronted them at gunpoint in an apparent attempt to steal Baltazar's red coat. The robbers' gun went off during a struggle with Baltazar, hitting Cincer; as the attackers fled, Baltazar picked up the gun and shot Marte in the head.

Cincer is still in stable but critical condition at Columbia Presbyterian Medical Center. “He’s in and out. He doesn’t understand what is going on...It’s hard to see him like this,” said his uncle, Jhonny Lighty. Cincer's mother only commented, “He’s still breathing.”