there is a grey area. the guy didn't appear to threaten to hurt anyone...it looks like he was just trying to get away. without the threat of harm the shooter might have crossed the line. i believe that at least here in nebraska there has to be a threat before you can shoot someone in self defense. now maybe the shooter can claim he thought he was threatened. i am not sure. But it seems that the death penalty with no jury for what was likely petty theft is...a bit harsh.