A Houston father has not been charged after he fired a handgun once at a costumed visitor who pushed into the family’s second-floor apartment early Thursday and assaulted him. Investigators think the wounded man had come from a Halloween gathering, possibly intoxicated, and mixed up the door with his own.

The resident had been asleep on the sofa while his girlfriend and their one-year-old were in the bedroom. He woke to someone twisting the knob, pounding the frame, and claiming the unit was his; after checking the peephole he told the man he had the wrong place, yet the visitor still forced entry and attacked.

The shooter has cooperated fully with Houston police. A FOX 26 legal analyst said Texas law lets a resident use deadly force against a nighttime intruder without first deciding whether the entry was a mistake. The man who was shot remains in critical condition.