OH:Third Shooting no Charm for Property Owner in Cleveland

Property owner Miodrag Burgacic defended himself and his property one too many times in crime ridden Cleveland.  He has shot people who were attempting to steal from him twice before, and been able to hold people without shooting them at least once.   No charges were filed in those incidents. From theblaze.com:

Miodrag Bugarcic seems to attract criminals like a magnet.

But because the Cleveland businessman has used firearms to thwart crimes on his property multiple times — once with lethal results — why crooks keep trying to rip him off is anybody’s guess.

After the third shooting, which happened on February 13th of last year, police found that Bugarcic shot at the burglary suspect as he fled.   From 19actionnews.com:

A plea deal for shooting and wounding a man he said he'd found stealing wire in an empty old industrial building he owns on Cleveland's east side.

Cuyahoga county prosecutors say Bugarcic shot the guy coming in to the warehouse, then twice more running away.

That seems to be the basis for the assault charge.  Now Bugarcic faces time in prison, but I do not know the details of the plea bargain.   There might be credit for time served, or probation.  From 19actionnews.com:

Bugarcic faces two to eight years in prison. The price he'll pay for protecting his property but going too far.

The crime level in Cleveland is very high.   When there are more high risk confrontations, there are more chances of something going very wrong.   Bugarcic won the fight, but has lost the legal battle.

I suspect that it would have been different if the burglar had been armed with a gun.   In that case, a defender can not know if the suspect is running away, or simply running to a position for better cover.  Even small handguns can be a deadly threat from a hundred yards away.  Shooting at someone who is armed with a firearm, but is momentarily moving away from you, is often justified. 

©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

Update: I may not have been clear enough on the fact that when a person is running away, it is usually not justified to shoot them.  From VerySadAmerican on freerepublic.com:

“Why wouldn’t the shooting be justified if the thief still had the wire he was stealing in his hands.”

In most jurisdictions, it is not lawful to use deadly force to protect against minor property loss. There are exceptions, but that is the way it is in most places. The value of the property stolen might not have even made it to the level of a felony.
You are not allowed to use deadly force to stop minor crimes if no one’s person or life is in danger.

More details from the Miodrag Bugarcic case.  From foxcarolina.com:

A police report shows Bugarcic fired at the robber while he was outside, as he ran off.
Dale Perog was critically injured and a week later is still in critical condition at MetroHealth Medical Center. 
Perog's condition complicates things since investigators want to interview him.

If he dies the situation becomes even cloudier.

It apears that Mr. Perog recovered, as there are no homicide charges.