(the homeowner) found a man in his living room after being woken up by a loud noise about 3 a.m. He told the intruder to leave, but the man ignored him and started making himself something to eat and drink. When the homeowner again told the man to leave, the intruder replied, "Give me that gun before you hurt yourself, old man." The homeowner then shot the intruder in the leg. (emphasis added)