Doubt it,,, but so what? An encounter with an armed thief in the mountains is one thing, a trial for an armed thief is another. Context,, time and place.
In the first, he can and should be killed at the first sign of menace. In a trial, where our safety is assured, we can use imprisonment, etc .
By your logic, you cannot shoot a carjacker,, after all, you don’t get the death penalty for brandishing a knife and saying ‘give me your car’.
I don’t think any court bases their sentencing on what I think, do you? Hopefully you’ll find the guy before the law does so we’ll be safer.