b) Is likely to use any unlawful force against a person present while committing or attempting to commit a burglary;

Let's concede the burg....it's the bold that might be the kicker (again, simply playing Devil's Advocate in this case..though I hate doing so).

George

BTW....next time the headline reads "Cop Fires Warning Shot to Deter Burglar from Running" I'll expect the "usual suspects" to back him based on their comments in this thread.

�Out of every one hundred men, ten shouldn't even be there, eighty are just targets, nine are the real fighters, and we are lucky to have them, for they make the battle. Ah, but the one, one is a warrior, and he will bring the others back.�