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Fonzy,
I can't answer the civil questions however from a law enforcement perspective if he is awakened by an armed intruder he has every right to defend himself. Even if the subject is fleeing from one room into another (regardless if his intent is to exit the residence which is impossible to know if your the homeowner) he is still armed and poses a threat to other members of the household, or the intruder could simply be repositioning for counterattack. In my book if he's in the house he's receiving multiple shot groups until I know he's gone. That varies state to state however. HTH
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