By Steve Large

SACRAMENTO COUNTY (CBS13) — A Sacramento County security guard claims he used his gun to shoot back after someone shot at him. The guard wasn’t hit, but two people including a woman inside her home were.

Sacramento Police are trying to piece the shooting together—what did the guard see before he fired his weapon and was he justified?

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The exchange of gunfire hit a woman inside her Mack Road apartment, and another gunshot victim showed up at the hospital.

Former Sacramento County Sheriff John McGinness says security guards to not share the same protections as police when using a weapon with deadly force. They can only fire in self-defense.

“A peace officer may use deadly force on a fleeing felon, if that felon has engaged in violent conduct,” he said. “A private citizen does not enjoy the benefit of that right which is a product of case law Supreme Court Tennessee v Garner.”

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The California Bureau of Security and Investigative Services. CBS13 has learned the security guard in the Mack Road shooting investigation works for a company called Initial Response.

Public records show the company has held a license since December of last year, just six months, and that its license status is clear.

CBS13 also learned the owner of Initial Response is a former employee at a company called Cal Force. The state canceled Cal Force’s license after finding its owner engaged in repeated acts involving dishonesty and fraud against his employees.

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The case is now in the Sacramento County District Attorney’s hands to determine if charges will be filed.