I wish people would quit saying:
"burglary is not punishable by death" like that matters at all. It doesn't, its a invalid talking point that holds no merit. ITS MEANINGLESS.
Nobody here is advocating if this guy got caught down the street or if the police showed up that he should be sentenced to death.
Not to mention that's not what happened this guy got caught in the act, that is a different ball game because NOBODY can prove without reasonable doubt that this guy wasn't a threat which is what would be needed in a criminal case to charge the owner with murder.
Kidnapping, arm-robbery, rape (in most cases), assault, breaking and entering, car-jacking etc etc
None of these are punishable by death either but anybody with common sense knows they can get you killed.
The guy was not punished with death because of trespassing/theft he got himself shot because he put himself in a situation where he was breaking the law and couldn't be trusted, it wasn't worth the risk to find out how big a threat he was, he was a threat as soon as his feet landed on the other side of the fence. The law abiding person shouldn't be forced to take all the risk, not worth it.
Did he probably over react? yes probably but we only say that NOW, in hindsight. But the reality is that this news story could have EASILY been about a trespassing armed junkie trying to steal who KILLED the owner of the property. THAT'S why they weren't charged with murder, no evidence to do so and of course they are not mind readers.
If the junkie keeps his ass on his side of the fence then there's no confusion on whether he is a threat or not and the dummy never gets himself shot.