UTICA, N.Y. (WKTV) - It's been well over 48 hours since Utica Police responded to 27 Beverly Place just after midnight Saturday morning for a burglary in progress. When they arrived they found two males injured.

Police say 31 year old off-duty New York State Trooper Jessie Miller broke into the home by kicking down the front door and once he was inside, some sort of physical altercation ensued between Miller and the male resident.

Utica Police Department Sgt. Steve Hauck says no charges have been filed in the case because investigators are still interviewing several people. Hauck says he can understand the comments being made by some people on different social media sites who are wondering why charges haven't been filed yet. He says, "Although you can look on the surface and say, someone broke into a home and there was some kind of altercation, that person should absolutely be charged, maybe with a burglary or something like that, you have to be able to prove all of the elements of that crime, and until we have those elements, whether it be for burglary, trespass or assault or whatever the crime might be, we're not going to charge until we're sure of that."

Among those being interviewed, Hauck says are, "The current homeowners, the current residents, former residents, the suspect himself. So you try to get everybody you can, interview them and find out their side of the incident is, take that all together and then you form your charges, it's not a question of, we charge this today and we charge that tomorrow, we look at the entire incident and we're not treating him any differently, than we would treat somebody that does another profession."

When our crew here at WKTV went to the home Monday afternoon, the owner of the home was there. He says he was there because he had just gotten the front door, that had been kicked in, repaired. He did not want to go on camera but told us he had just rented the home to a couple who moved in a few days ago, and because of what happened, they have decided to move back out immediately.

The homeowner also told us the male occupant's face is badly injured, and that the tenant did not want to talk to the media. He added the tenant also told him he did not know the off-duty trooper who had broken in, but the trooper came at him once inside, and the tenant defended himself, hitting the trooper in the head during the scuffle with a hammer. Both men have been treated and released from St. Elizabeth Medical Center.

Hauck says there is no time table when charges may be filed.

We also talked to Captain Francis Coots of Troop D with the New York State Police, where the off duty trooper Jessie Miller works. Coots says Miller has been suspended, pending the investigation, "We're conducting an internal investigation and we'll determine whether he's violated any of the rules and regulations of the New York State Police."

As far as any details as to what happened inside the home, Coots says the investigation is in the hands of the Utica Police Department.

Police believe the off-duty trooper was extremely intoxicated, but believe he didn't drive to the home, so Hauck says no blood alcohol level was taken at the scene, "I don't see why it would have as part of a criminal investigation. It's possible that it was as far as an internal investigation by the State Police, but that's a personnel matter on their aspect it has really nothing to do with the criminal investigation."

Coots says State Police were called into the scene, but they also did not take a blood alcohol level.

When asked whether Trooper Miller, who had been with the department for about four years, has had any disciplinary issues in the past, Coots said, "When you start getting into the internal portion of the employment with, certainly the State Police, there's a fine line between what I can release and what I can't release. I have absolutely no issue telling the public that he's been suspended from duty, just so that the public still has the confidence in the State Police, but getting into Trooper Miller's past or any type of behavioral or disciplinary issues, it's not within my responsibility, and it would be irresponsible for me to make a comment."

And as far as whether there is any kind of preferential treatment by the Utica Police Department because Miller is a fellow officer, Coots says, no way, "I've personally spoken with the Chief of Police. I know that he is making sure this investigation is conducted with all the i's dotted, all the t's are crossed and that no one is getting any type of special or preferential treatment."