Jax,
Again, it depends on the details.
I do understand the idea you’re trying to convey. However, I can think of a number of examples where a homeowner in Florida could justifiably shoot an intruder who's running away. For example, the intruder is running away while shooting at the homeowner; the intruder is running away, pausing, turning around and shooting; or the intruder is running away and shooting period.
If the case at hand were in Florida, there's a strong argument that the homeowner was still under imminent threat when he shot, especially given the fact that he took hot lead in the shoulder seconds earlier. This intruder demonstrated that he had a loaded gun with only two expended rounds and a happy trigger finger. This homeowner was still under imminent threat. Would the homeowner still have been under imminent threat 30 seconds later? Who knows? That’s a different scenario with different facts. What other facts are in the mix?
Details matter. Timing, proximity, imminence of the threat, it all matters. Every case is different.