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I would be interested to know if that is considered theft or burglary, mostly because they broke into a locked gate to gain entrance - I do not know if gaining entrance to locked property is burglary or if burglary only covers buildings/habitations.

Either way, it was nighttime, so you were well within your rights under 9.42 to shot them, even while they were getting away.

I would've shot. Then again, I don't prescribe to this "property is not worth life" mindset. If you break into my home, or try to steal something from my property I will shoot. I have no remorse for people that take advantage of hard working, honest citizens! I have a feeling that if more people took that kind of stance, or more people confronted bad guys coming out of their neighbor's house the crime rate would drop.