Not clear on what you're saying Barry.  The evidence showed that the drug addicted burglar was attempting to unlawfully steal property not his own and was killed when the owner of the property confronted him.  There shouldn't be a penalty imposed when a firearm is used properly for the purpose of defending what one has acquired through their own labor from being unlawfully taken away from them.  One has the right to decide their property isn't worth defending at the cost of a life, but one also has the right to decide their property is worth more to them than the life of a criminal.