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Is he also able to determine, beyond all reasonable doubt, that his shotgun would only injure? What if he doesn't have a shotgun, but rather a 300? Will he just wing him? If that is the case, can all persons defending their property make the same judgement?
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He did not have a 300,he had a shotgun.As to what the chances of killing someone would be,that depends on the shot size and range.I don't know the shot size that he used,or the range that he took the shot at,do you?
If he was using 00 buckshot at less than 100 yards,he could have killed the man.If he was using 7-1/2 shot at 75 yards,i would say that there was reasonable doubt that the person could be killed.
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Beat the tar out of him? I have no issue with that - I would help.
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As much as I would enjoy beating the thief,there is still a reasonable chance that you could kill or cripple someone by beating them.Would that chance stop me in the heat of the moment,not likely,but I could end up being charged with manslaughter if the thief died.
I agree that the shooter may have gone overboard in his actions,but I don't feel that he should be harshly punished.Seeing what career criminal get for sentences makes me want to see the shooter get off with a firearms prohibition for a few years,anger management counseling,and some probation.If the real criminals are let off easily,lets send a message to would be thieves by letting this man off easily.