This homeowner used poor judgement.

[Obleo]

This guy fired at a fleeing burgler.  I hope we all agree that action was wrong.

http://www.foxnews.com/us/2013/02/08/community-rallies-behind-homeowner-arrested-for-shooting-at-burglar/?test=latestnews

[SturmRugerSR9]

If an attacker is in retreat, he is of no danger to you. If you shoot them in the back, you @@@ is grass, and the police will be the lawn mower.

[Bmel17]

Actually depends on what state your in.  Castle law states it's perfectly legal to do so.  Plus I wouldn't like to judge someone for shooting a fleeing person in the back in a self defense situation as I wasn't there.  Might not have been able to see clearly, too dark, saw a shiny object (knife or gun) whatever. 

[TwistedKarma]

   We are instructed that someone fleeing is not a threat.   

Do the police fire at fleeing felons?

[Adrenolin]

   We are instructed that someone fleeing is not a threat.   

Do the police fire at fleeing felons?

Certainly wouldn't be the first time

[Newlife503]

As much as I wish you could shoot at them as their fleeing, I know you can't.  I can guarantee you that they will think twice before breaking into a house again!

[poster formerly know as Silverbullet]

I had seen this story before and figured the same thing. Regardless of what we think in at least half the states the thought would be dont shoot if they are no longer a threat. Human nature is that you don't want them to come back and be a threat though.