doesn't matter. only theft and criminal mischief require nighttime before you're authorized to use deadly force. burglary can be day or night.Suckhow wrote:Did this happen at night or day?
it's very 'iffy.' he better start saying he believed that they had some of his property. and it doesn't matter if they are armed or not.
the biggest problem i see is that he did not immediately report it. he should have been the first one to call 911.
i'm willing to bet the DA either takes a very low misdemeanor assault case or drops it altogether. it probably depends on the guy that did the shooting. if he's a stand up guy, member of the chamber of commerce, church elder type, he won't face any charges. but if he ever did a stint in a local jail for even PI, he's done.