I think the Old Testament was forgiving of pursuers so long as they had not lost sight of the criminal and/or the sun had not set with him still running loose [as it lessens the risk of an innocent being confused for the perp] but it became a matter for the law if the thief or evildoer eluded pursuers by getting out of sight or making it to sunset. But that doesn’t mean it was OK to murder him if he was too slow to escape and no threat. You could only justify what force was needed to get your property back.
It is one thing to shoot someone while they are on your property but quite another to chase him off your property, leaving your other beers unguarded, and risk a stray bullet hitting a bystander. Hard to justify shooting anyone in the back over a beer, though if the guy had committed a rape or armed robbery I would say good riddance. Impossible to justify not calling 9/11 in any case.
Exo 22:2 If a thief be found breaking up, and be smitten that he die, there shall no blood be shed for him.
Exo 22:3 If the sun be risen upon him, there shall be blood shed for him; for he should make full restitution; if he have nothing, then he shall be sold for his theft.
The man was fleeing. The store owner failed to notify the authorities of the theft and shooting.