<p>For clarity, the police said “While the suspects continued to burglarize the home, [Greer] was able to retrieve a gun from another room in the house. He returned to confront the suspects and fired his gun at them while they were still inside his house,” said Chief McDonnell. Police said Greer followed the suspects as they fled the house with what they had stolen and fatally shot Miller outside in an alley.</p>
<p>So apparently he was healthy enough to be up and walking around, that does make it more deliberate. I am curious as to whether or not the fact that they were still carrying his stolen property plays into the law - they were still in the commission of a crime at the time he fired. It does not indicate (anywhere I can see) that the woman was on the ground when she was shot the second time.</p>
<p><a href=“Police in Long Beach, California mull charges for Tom Greer, 80, who fatally shot female burglar who said she was pregnant - CBS News”>http://www.cbsnews.com/news/california-man-80-to-face-charges-for-fatally-shooting-burglar/</a> </p>