[jeffk]

While I agree with the common sense outcome I think the actions that happened are not clear cut.

Are you "defending your property or yourself" when you hunt someone down that has left your property?

Discharging a firearm is serious. So is threatening with a firearm. It doesn't sound like the burglar, although committing a felony, had a weapon. I'm not sure what a person's rights are to detain a person using a gun when that person isn't a direct threat. Suppose Fleming found the guy a couple days later and somehow identified him. Could he pull a gun on him?

In comparing it to the Bird case. Ward says that he did NOT threaten the woman with his gun, and she WAS on HIS property illegally, a misdemeanor. He certainly did not discharge his weapon. He did not try to detain her for the police. He just told her to leave. Ward's actions were much more restrained than Mr. Fleming and yet Ward's case was pursued as a felony. It shows the people at the start of the case make decisions that have a significant impact on the outcome.