An Albany man visiting people in Amherst was shot to death overnight by a homeowner who

claims the man was an intruder, police said today.

David W. Park, 31, was discovered inside a Millbrook Court residence shortly after 1 a.m.

and was later pronounced dead at Millard Fillmore Suburban Hospital.

Police said no charges have been filed against the homeowner, who they declined to

identify, but said the investigation is continuing.

"I don't [know] why he ended up in the house," Amherst Assistant Police Chief Timothy M.

Green said of Park. "Right now, it's a mystery to us."

Green said police found Park, who was suffering from a gunshot wound, when they responded

to a phone call of an unknown intruder inside the house.

He thinks the shooting took place after the initial call to police but stopped well short

of indicating it was definitely self-defense.

"It's not as cut and dry in my opinion," he said during a news conference this morning

outside police headquarters.

Park and the homeowner may have had a verbal confrontation before the shooting, Green said,

but he would not elaborate. He also declined comment when asked if Park also had a weapon.

Amherst police questioned the homeowner this morning but later released him. Green said the

man's wife also was home at the time.

"We're talking to people in the neighborhood and people who were around," Green told

reporters, "but what they're telling us, we're not going to make public right now."

Green said police have spoken to District Attorney Frank A. Sedita III about the case and

stressed that the investigation is ongoing.

Millbrook Court, Amherst

View Larger Map

The shooting, which took place in a modest neighborhood near Maple Road and Millersport

Highway, just east of the University at Buffalo's North Campus, is the second bizarre death in

as many weeks in Amherst.

Last Sunday, 90-year old John H. Bunz was arrested in the death of his wife Virginia, 89,

after her body was discovered at the Amberleigh Retirement Community.

Police also found Mr. Bunz had injured himself in a suicide attempt. He now stands charged

with second-degree murder in what police are calling a domestic homicide.