Under cover of darkness
Which I always thought was an odd distinction.
You can only defend your property with deadly force at night.
I guess those that wrote that law figured during daylight you should be able to identify the culprit to the police.
Or stealing at night it more deserving of death.
The article states this happened at around 9 pm.
And if a cop can get away with accidentally shooting a bystander then so should a regular person.
That said I think he’ll get creamed in a civil suit.