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It never went to court, he was not charged in the first place. I recall the DA's office was making noises that they really wanted to charge him but most legal commentators felt they would have a very hard time getting a jury to convict. The bleeding hearts were a collection of law professors, attorneys and others that were on all the talk shows, they really felt that the guy went over the line by shooting the one in the car from his balcony. I was leaning that way too until it came out that the second guy was still in the house with a gun at that point in time. That's a scary situation for a homeowner, no doubt about it. If the husband left the one in the car and went downstairs to confront the other one, now he's lost sight of the first one and has no idea where he is or what he's doing. I think he made the right decision by eliminating the threat he could see, then go and find the other one who wisely decided to flee the scene.
Now, lets say there was only one guy and he left the house and on the way out decided to check out the car. At that point, the homeowner is in a superior position with a shotgun on the balcony. He can just watch and see if the guy gets out of the car and takes off or looks like he's coming back into the house. If he heads to the street he has to let him go, if the homeowner shoots him anyway, that's a felony. If he made a move towards the house, he could let a blast go in the bushes and tell him to take off or the next one is his head. He would take off I think. The problem with killing him there in the driveway is proving in court he was coming back into the house.

Bob



I wouldn't stop firing until I was SURE everyone was safe.

Like the man said, "ain't that a kick in the head!"