I watched the video. The judge could have turned and shot the invader the moment he entered the garage, justifiably. When he attempted to stop the judge from closing the door to the living part of the home, that was definitely a spot where any degree of force would have been justifiable.
Castle Doctrine
Montana has a castle law with a “stand-your-ground” clause. Under the law, the use of deadly force is permissible to prevent felonies from being committed in one’s home or to protect against assault within one’s home.
The statute reads:
45-3-103. Use of force in defense of occupied structure. (1) A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the use of force is necessary to prevent or terminate the other person's unlawful entry into or attack upon an occupied structure.
(2) A person justified in the use of force pursuant to subsection (1) is justified in the use of force likely to cause death or serious bodily harm only if:
(a) the entry is made or attempted and the person reasonably believes that the force is necessary to prevent an assault upon the person or another then in the occupied structure; or
(b) the person reasonably believes that the force is necessary to prevent the commission of a forcible felony in the occupied structure.
The bolded part of (1) explains the justifiable response I stated. The judge is probably familiar with this legislation.
The only possible reason(s) the news puke was not shot are:
(1) The judge was not armed,
(2) He probably knew that any local jury would already be prejudiced against him, or
(3) He just did not feel like killing a worthless home invader at that particular time.
The sad fact that news pukes (with or without a camera) are not routinely terminated for violating the rights of citizens does not mean that they are undeserving.
Clearly in this case, the news puke unlawfully entered the garage (which is part of that occupied structure), and furthermore attempted to prevent the lawful occupant from closing the interior door.
The occupant would have been fully justified to retrieve a firearm, return to the garage, and justifiably exterminate the news puke and cameraman in the garage, with extreme prejudice.
Bingo! Someone with sense.