I do not agree with the perception that residential burglaries are just thieves "stealing some stuff". Anyone who enters my house with the intent of stealing from me, or doing harm to me or my family, is subject to whatever form of defense I have. A homeowner does not and cannot know whether the intruder is there to steal or rape or kill. There are no second chances on that. You have to assume they are there to do you harm. In fact, California has a legal presumption of that.

Having said that, I would not shoot a fleeing burglar even if he's clutching my precious MacBook or camera. I believe that one must be in fear for his life or his family, or in fear that great bodily injury will befall him before deadly force can be used. A fleeing felon is not one of those circumstances. Waking up to find a stranger in your house in the middle of the night is different, you must assume your life is in danger and all reasonable means to defend yourself should be available.

This guy in Texas crossed the line. I do not mourn the death of the two burglars but I am very glad it wasn't a scenario as presented above where it was two friends of the homeowner. The line that is very telling is where he stated his intention that he was going to kill the burglars. The overall circumstances do not justify his actions.

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