NEW ORLEANS -- A man shot by a 9th Ward homeowner after running from the homeowner's garage has died as a result of the shooting.

The Orleans Parish Coroner's Office confirmed Benny Weary died days after being shot on Sept. 29 in the 1900 block of Gallier Street.

The homeowner, Abraham Venson, 73, was arrested by the New Orleans Police Department and initially booked with aggravated battery.

According to police, around 3 a.m., Venson saw two men in his garage. The men then fled and Venson opened fire as they were running away. Weary, 53, was struck, according to the police report. He was taken to the hospital and was initially listed in critical condition.

The NOPD has not as of yet upgraded the charges to Venson.

In April, Venson appeared in a WWL-TV story about new gun laws proposed by the city following a mass shooting in Bunny Friend Park, near where Venson's lives, that injured 17 people.

"It's very frustrating," Venson said at the time. "Sometimes, I feel like I just want to pick up everything, the whole house and everything and move it, but I can't."