From the Wall Street Journal:
http://online.wsj.com/article/SB10001424127887324492604579084873062376790.html
Mr. Turk told the police that he shot twice at the motor scooter in an attempt to immobilize it, and it was only when one of the robbers turned to him in a threatening way with his automatic weapon that Mr. Turk shot him dead.
So it's not quite as cut and dried as shooting a fleeing robber in the back, although I certainly wouldn't recommend the "shoot out the tires of your fleeing attackers" strategy as a self defense tactic.
It's interesting (but not surprising) how the various news outlets include or exclude information about this story.
He better hope there is CCTV footage of the robber turning with his weapon or that the jury will take his word for it.
we have MAKE MY DAY laws in commierado that are very clear about where you can and can’t shoot. in your house and a threat fair game, fleeing the house or stealing your car IN THE DRIVEWAY they don’t apply. shooting at the driver as he tries to run you down good. putting 5 rounds in the back window after he misses you not good. may be justified and even morally correct but legally wrong.