ALBUQUERQUE, N.M. (KRQE) – A man who police said tried breaking into a home in the Albuquerque Heights before getting shot by the homeowner appeared in court Sunday morning.

Isaac Andujo is charged with felony residential burglary following the incident Friday. Police said neighbors heard screaming and three gunshots ringing from the home off of Indian School and Tramway around 5:30 a.m. and then called the police.

According to the criminal complaint, Andujo broke through a window in the back of the house using a spray can. Police said while he continued to try to get into the home, the homeowner shot Andujo in the hip and continued pointing the gun at him until Albuquerque police got on scene.

Sunday, Andujo’s attorney argued that the prosecution failed to prove intent to commit a felony saying that Andujo was simply trying to get into the home to get a glass of water. The judge did not buy it.

“While his words say one thing, his actions say another,” Judge Brittany Maldonado Malott said. “The fact that he broke through a window to get into the residence, I think a jury could determine that he had intent to commit a felony.”

Andujo was released Sunday morning. The judge said a preventative detention motion was not filed.

Andujo’s next hearing is set for September 10.