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MEMPHIS, Tenn. — A Memphis man was sent to the hospital overnight after trying to steal a car, police say.

It happened around 11:30 p.m. at the Marathon gas station at 2196 South Third, near East Mallory.

When first responders arrived they found a man with a gunshot wound to the head. He was rushed to the Regional Medical Center in critical condition. He has since been listed as being in non-critical condition.

Authorities later learned that the person who was shot attempted to steal a car and was shot by the owner.

“I saw a guy sneaking up from the street right behind us, and he was trying to steal a car,” a witness said. He says he saw the owner threaten to shoot the man moments before shots were fired.

Police haven’t said if the alleged car thief will face charges.