Re: He should go free...
In the source article on Ars Technica , he is quoted as saying he used No.8 bird shot in his shotgun:
"Now, if I’d have had a .22 rifle, I should have gone to jail for that. The diameter of those things are going to come down with enough force to hurt somebody. Number 8 birdshot is not. Number 8 is the size of a pinhead. The bottom line is that it's a right to privacy issue and defending my property issue. It would have been no different had he been standing in my backyard. As Americans, we have a right to defend our rights and property."
- So he selected ammunition specifically to avoid injury when it came down. Seems like a reasonable response.