[BillCA]

I'd say that by the apparent discussion of KY law, this was a good shooting. It probably would be a good shoot here in California (of all places) too.

THIS WAS NOT A BURGLARY! Which, incidentally, is why the homeowner is not being charged. Imagine that. Why is that? Because it was a home invasion. Go look up the definition. And then go look up burglary. There is a difference.

Well, it would be classified as a first degree burglary here in California.

459. Every person who enters any house, room, apartment, tenement, ... or other building, tent, vessel ..., or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary. As used in this chapter, "inhabited" means currently being used for dwelling purposes, whether occupied or not. ...

It's easily argued that a person who has broken a window and reached inside the outer perimeter of the building has actually "entered" the building - i.e. entered it with part of his body. A person "banging" (kicking?) on the door and then using a rock to smash a window then reaching in can easily be presumed by a reasonable man to be trying to gain access to the inside of the building. That same reasonable man would conclude that the person doing this was there to commit some form of theft (larceny).

As to justification for shooting the guy breaking in...

Penal Code 197. Homicide is also justifiable when committed by any person in any of the following cases:
1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or, 2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein; or,

He's justified under 197.1 to resist any felony. First degree burglary is a felony.

As noted by other posters, someone who breaks into your home by stealth can be reasonably construed to be in your home to commit larceny or to commit a crime against the person of anyone found inside.

A person who breaks down a door or enters your residence in a violent, riotous or tumultuous manner (such as kicking the door in or throwing a rock through the window) may be presumed to be intent on not only burglary, but felonious assault on persons inside.

Note that the armament(s) of the burglar are not an issue here. He could be bare handed. Nor do I think a round striking the back of the head is beyond reason. If you're reaching through a door's glass window to unlock the door and someone fires one or two shots thru the glass or door, a natural reaction would be turning one's head away from potentially blinding glass or flying wood splinters.

I thought this was an interesting statement...

Saban Ferizi, Berisaj’s father, said Wednesday it doesn’t make sense that someone can kill another person and not spend any time in jail.

It does make sense when the person in question shoots in defense of his life or of his home. I'm sure he would not expect a prison sentence if he kills a man with a knife who breaks into his home.

Ferizi said he still has unanswered questions about the case, and why an autopsy was permitted after the family had requested one not be done.

Sorry, not much choice here. An autopsy was performed because the case involved a homicide. Relatives and religious desires take a back seat in most cases to investigating the homicide.