This is an archived article and the information in the article may be outdated. Please look at the time stamp on the story to see when it was last updated.

MEMPHIS, Tenn. — A man reportedly shot at two burglars during a Raleigh home invasion Wednesday, killing one. The survivor is being charged.

Fernando Diveney, 29, is charged with first-degree murder during the perpetration of aggravated burglary, and aggravated robbery.

His alleged accomplice, Tadarrius Allen, was killed when the resident of the apartment they allegedly broke into opened fire.

Wednesday, Memphis Police responded to a shooting at an apartment complex on Cedar Glen in Raleigh.

Fernando Diveney

A homeowner told officers he was asleep when he heard glass breaking in one of his bedrooms. Moments later, the suspects, Diveney and Allen, were in his room with him.

The homeowner yelled at the men, asking why they were in his house. Allen walked toward him, and he fired shots.

Reports state that the two men ran back to the other bedroom to escape, and the homeowner ran out of his front door asking for help.

The resident told police he saw Diveney pull Allen out of a window and, believing they were going to harm him, he fired more shots before the two men got away.

Both Diveney and Allen were shot; Allen did not survive.

Diveney was taken into custody, where he told police that he and Allen had been breaking into apartments and stealing items. They were reportedly told that a television and Nike shoes were inside the apartment.

Diveney was booked into jail Wednesday. The resident who fired the shots has not been charged, according to court and jail records.

WREG reached out to the District Attorney’s office to see why Diveney was charged with first-degree murder when he was not the one who pulled the trigger. The DA’s office responded with the statement below:

“In the state of Tennessee a person can be charged with murder if someone was killed during the perpetration or attempted perpetration of a felony, as determined by Tennessee’s felony murder rule—burglary, robbery, or arson.”

In this case, Diveney is accused of participating in a burglary where his accomplice was killed. Because burglary is a felony, he is now charged with first-degree murder.