He was caught in the act.He had not been proven guilty in a court of law.
If you infringe or attempt to infringe upon my right of property I should have the right to kill you. That goes for individuals as well as for the state stormtroopers.If he was resisting arrest and the police had to rough him up in order to take him down, that's one thing. They are within their rights to do so, I suppose. Whatever it takes to subdue him.
I think citizen defense of property rights sets and excellent example and one which should be followed by all.But I think it sets a bad precedent for the legal system to condone citizens beating other citizens with impunity, simply because they perceive them to be in the act of committing a property crime.
If the ward of the state rules in his favor he should get a bullet in his head for being the enemy of liberty.I feel the judge probably will not rule in favor of this plaintiff, but I think he/she should, if only to discourage citizens from this sort of vigilantism in the future.