I've lost count of how many times over the last 20-30 years somebody has shot at a perpetrator during (or better yet, as a result of) the commission of a crime and has been charged. It just happened here in Alberta recently to a farmer who came home to a break in (I think). Once this guy exited the house and if the perpetrators were no longer an imminent threat (ie: they were leaving the scene), then the person was no longer in imminent danger and was not legally justified in firing. Morally justified is up for debate. Like the face kicking officer, I am not privy to all the evidence so I can't say for sure whether or not he "committed a crime" but, since the police did charge him, the obviously have reason to suspect he did. Full stop (as Colpy likes to say)