I just watched the interview the guy did for the local NBC station - Homeowner Guns Down Intruder Who Said She Was Pregnant | NBC Southern California
This guy isn't an asshole like some have been making him out to be but he made a really bad decision and I'd say he's reasonably looking at second degree homicide.
I'd have given him a pass if he shot while they were still inside the house. I think it's reckless as all hell but I'd understand him shooting as they took off down the alley. I can't, however, give him a pass for shooting the chick as she was in the process of surrendering.
The use of deadly force isn't something to be taken lightly. It's a permanent solution to whatever problem you're facing so you'd better be damned sure that it's necessary before you go down that road. Now, I can understand the guy being scared. I would be too if I was 80 and a couple of kids just jumped me in my own house. I'd be pissed if it was the third time my house had been broken into. I can TOTALLY understand pulling a gun and even shooting as an act of self defense. But is it really self defense if the perps are running away? If the guy said "She was coming at me so I shot" I'd give him a pass. That's not, according to him, what happened.
Based on the guys testimony there was no imminent threat. The suspects were heading the other direction and there is no indication that they had the means or intent to head back his way. Unless something else come out about this I see it as a bad shoot.