He could have shot up in the air...or shot close enough to them to scare them, but not injure them. In fact, if he yelled...I have a gun and will shoot, that would've probably scare them off. If they posed no immediate threat to him, then no it was not justified. I'm curious too as why so many police officers were still present well after the incident. And as the newscaster said, it will be interesting to see the outcome. Hopefully this incident will discourage others from porch pirating.