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I believe in the RKBA for self defense. I do not believe human beings have a right to use deadly force to protect or recover property. I do not believe human beings have a right to use deadly force to satisfy an urge for revenge. What this man did hurts our rights to own guns at all.
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Here is where I philosophically and geographically disagree.
Having grown up in a rural, ranching area of Texas, no sheriff or grand jury would ever indict you for chasing down a guy who'd just stolen your horse or some cattle.
In many cases, your property is how you make your livlihood. And not everyone can afford the requisite insurance--or the costs it often takes to recover/replace property in time to not fall behind on bills/business expenses.
My property is MINE. No one else's. No one else has a right to it. The law says it is illegal to steal my property or otherwise take it without my express consent.
I lost count growing up of the number of times our neighbors, and even my own grandfather, would get in the pickup or saddle up and go hunt down some vagabond that we'd let sleep in the barn, only to find he'd stolen some tack, leather, clothes or whatever.
Nine times out of ten, the property was recovered at the point of a lever-action rifle. Sheriff was never called. No fuss was ever made and no one ever got hurt.
In today's politically correct and lawyer-laden society (which, incidentally experiences a MUCH higher crime rate than when and where I grew up), it is generally accepted that so long as you're not hurt, it's okay for scumbags to steal your property, point guns at you in the stealing of your property, and generally threated to come back and "get you" if you cause any trouble during the stealing of your property.
I do not buy that. I didn't buy that growing up. I didn't buy that as a soldier. I didn't buy that as federal agent. And I don't buy it today as a private semi-retired citizen who just wants to be left the hell alone.
And as far as vengeance, I won't do that over property. But hurt me or my wife or my dogs, and you better never stop running.
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Not only would I sue the guy for negligence, I'd press for criminal charges against him.
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Best you'd get in most (sane) states would be negligence (reckless). Intent would have to be proved, and nobody "intends" to shoot an innocent bystander.
BUT . . . negligence is usually a HUGE deciding factor in the awarding of both damages and punitive damages.
Jeff