Is it legal to shoot a burglar in the leg who is running away?

I saw a story on the local news that a man was arrested for ault with a deadly weapon (I think that was the charge) even though he shot the burglar who was running toward his car in the leg. I believe that it wasn't on his property, but I mean still c'mon that is ridiculous. Anyway, is it legal to shoot a criminal on or off your property if they have flagrantly just committed a crime? Or is this story just some b.s. ****** who wants to use the judicial system to turn the tables on this guy?