First, I'd like to thank the powers that be for the CASTLE DOCTRINE LAW.
Interesting views here.I agree with much of shad0wfax's points. If you know what you're doing, he won't get those two shots off at you. You should have the jump on him. It's your house, know it and know it well. You've got a handful of advantages.
Also, no matter how vividly you think you describe the situation, no 2 situations are going to be the same. There are still too many variables that come into play - home layout, occupancy, lighting, cover, etc. At 2a.m. in January in Michigan, with every light in the house off,it could be pitch black inside and out, or there could be sufficient lighting from moonlight reflecting off snow. Suchfactors couldchange the dynamics of the whole thing.
I have no quams with shooting first when there's an intruder in my home. He's not there for tea. Not only did he force his way into my home, but in doing so, ignored the signage on my entries that say: CASTLE LAW ENFORCED HERE,
and NOTHING HERE IS WORTH DYING FOR
(both with graphics that even the most ignorant could understand). With such a warning on the entries, one should know that his chances of dying or at least being shot in my home are increased.
As pershooting an armed intruder in the back- place your bets. Circumstancial. Justification could be decided by a jury. On one hand, his back is to you and he's moving toward an exit. On the other, there could be a child's room between him and the exit. In that case, I think you might be justified. If he hasn't fired any rounds or if he's fired 2 shots, it's a very safe assumption that there's more bullets in his gun. I'd rather not take the chance of him taking one of my kids hostage. Then again, maybe there's nothing between him and the exit. In that case, I'd probably keep my gun trained on him so that if he turns around, giving him the ability to take a(nother) shot at me, he can be put down immediately.
There are just too many variables to definitively say what you'd do. It could be another one of those situations where you think for sure that you'd react one way, but going thru it in reality is completely different than you'd expected. Best defense - plan, back-up plan, back-back-up plan, practice, practice, practice.