How are you going to justify shooting someone in a situation like that?
Well, let me point out what I see so far, in the OP, that causes me to think I would have probably fire too:
1.) An unknown person showing up unannounced on my property at night. Strike one.
2.) Said person climbed the fence. They didn't go through the gate. ( Didn't ring the door bell as in the Hattori case, either.) Strike two.
3.) Did not respond to either verbal warning or the fact the person they were approaching was armed. Strike three
4.) Approached well within distance to do serious harm, and under conditions that made being sure they were
unarmed impossible. Overall conditions and situation lean toward unknown individual not having property owner's best interest in mind. That's enough for me. Bang.
Now, all of the above is based on the
very little detail given in the opening post of this thread. If there is more info revealed at a later date, I may very well change my opinion. However, given just what is there, I have to say that I would have fired too.
P.S. Remember that I'm looking at all of this as it would apply to me, here where I live now, and the laws I have to operate under. The times I have lived in a city or suburb required a different set of operating parameters, and I acted accordingly.
J.C.