If a thief breaks into someone else's home in the middle of the night, they should have a healthy fear of being shot to death. If the homeowner believes their life is in immediate danger, it seems to me like they are well within their moral and legal right to incapacitate the intruder with a firearm. There's no judgement involved, only reaction under fear of imminent violence. If the thief dies, it was due to their own poor decisions.
Likewise, if the homeowner catches a thief jumping out of a window with their beanie baby collection, it would be unreasonable for the homeowner to take some shots at the thief just to try to injure them, and would probably be a chargeable felony. If the thief died, it would probably be deemed a homicide.