The shooter is relying on the Louisiana Castle statute which is as follows:
§19. Use of force or violence in defense
A. The use of force or violence upon the person of another is justifiable when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person's lawful possession, provided that the force or violence used must be reasonable and apparently necessary to prevent such offense, and that this Section shall not apply where the force or violence results in a homicide.
B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of force or violence was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the premises or motor vehicle, if both of the following occur:
(1) The person against whom the force or violence was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle.
(2) The person who used force or violence knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.
C. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using force or violence as provided for in this Section and may stand his or her ground and meet force with force.
D. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used force or violence in defense of his person or property had a reasonable belief that force or violence was reasonable and apparently necessary to prevent a forcible offense or to prevent the unlawful entry.
Acts 2006, No. 141, §1.
http://www.legis.state.la.us/lss/lss.asp?doc=78336
This was also reported in the NY Daily News:
A 14-year-old New Orleans boy was shot in the head early Friday morning after a homeowner said the unarmed teen was trying to break into his house.
Homeowner Merritt Landry, 33, who lives in Marigny, allegedly shot Marshall Coulter after fearing for his safety, and told friends and family he thought the teen had a gun.
New Orleans teen shot in the head by man who thought he was burglar: police - NY Daily News
Unfortunately, these types of statutes allow anyone to interpret then utilize them which leads to unnecessary injury or death. I do not have a problem with the man being arrested there will be an investigation and should the facts support his actions he will have be exonerated if not
this could serve as a warning to those who may have a predisposition toward acting with out thinking.