It is a very bad time to exercise your rights.
I pray this man wins in court, but I think he was foolish.
I would consider any one within the FENCE at 1 am to be malicious, and here in Tx the law says it is unreasonable for you to determine if they are armed after dark.
The Law here realizes that anyone, uninvited on your property after dark may be assumed to be up to no good.
Certainly some one uninvited in your fenced back yard at 1 AM.
I'm in Texas. It would take a great deal of effort for someone to get into my small back garden. A motion alarm would go off as well as a strobe light. I would hear that. If someone touched my back door enough to vibrate it, a vibration alarm would go off. If that alarm goes off, my gun in my hand would be waiting. I would assume the motion alarm would send him on his way. The second alarm is his death knell and I mean it.