In Texas it is. There was a big case in the Houston area that went through a few appeals a few years ago where an old dude was asked by his neighbors to keep an eye on their place while they were out of town.
He did of course, being the old nosy neighbor he was and saw two hispanics break in to the neighbors house. He called 911 and in sound clips you could hear him say "I'm going to shoot them" to the operator, complaining the police would never make it in time as they took off running from his neighbors house with bags full of shit they stole.
You could hear the operator say "Please don't!" and the phone dropped and then a couple pops.
He stepped in the yard with a shotgun, allegedly yelled "stop" and they dropped the bags and kept running. He shot them both dead anyways and was declared innocent of any crime.
It was a big issue though, his life wasn't in danger, it wasn't "his" castle he was protecting, the assailants were trying to leave and dropped what they had and he was outside, technically in public.
But you don't mess with Texas and those fuckers will never rob some one again, death is more certain that a few months probation.
I hope the guy gets off in New York too. I also hope he wasn't struggling over a fucking jacket with a 4 yr old around. What a horses ass he would be. Or even if the kid wasn't around, had the guy been shot over a coat, pride aside, his son would be fatherless.
I do hope the 17 year old lives, but with brain damage. Hopefully he will remember shooting the four year old as he spends his life in a bed as a vegetable.