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LEVITTOWN, Pa. (AP) — A pizza shop customer who shot and killed one robber and injured another as they tried to hold up the suburban Philadelphia restaurant will not face any charges, a prosecutor said Wednesday.

Authorities also said the suspects in Tuesday night’s attempted robbery at Porfirio’s Pizza and Pasta, located in a shopping plaza in Levittown, about 25 miles northeast of Philadelphia, had pellet guns with the orange safety tip removed.

The customer took out a gun and shot both men after they allegedly pistol-whipped him, Middletown Police Chief Joe Bartorilla told reporters.

The Bucks County district attorney’s office identified the deceased suspect as Shawn Rose, 24, of Bristol. His 22-year-old brother was listed in critical condition at a Philadelphia hospital.

Bartorilla said the customer and employees were the only people in the restaurant when the two men walked in wearing dark clothes with hoods up and facemasks on.

District Attorney Matthew Weintraub said the customer, who wasn’t identified, had a recently expired concealed-carry gun permit on him and should have renewed it, but wouldn’t face any charges.

“He used that gun only as he needed to, to save his own life, and that of the intended victim,” Weintraub said, adding that he didn’t want to set a precedent “for vigilante justice and lawlessness.”