A couple of things, "stable condition" and a shot ankle is not "death".
Also it is unclear which side of the fence the perp was on when he was shot.
If he dropped off the fence inside the yard and surrendered before being shot, he chance for fleeing was less than if he climbed the fence and dropped to the ground outside.
Details that will be reviewed in the trial.
It is unfortunate that the homeowner has to go through a trial.
Why in Sam Hell was he airlifted?