The article makes it seem like the issue is the actual building he was shot in may not be considered a dwelling, but if he shot the guy in the back doesn't that also render the MYD law not applicable? My understanding is that someone with their back to you doesn't present a direct threat to your life and therefore you don't have the necessary condition to retaliate with lethal force. Unless you can prove they were going for a weapon, but it sounds like the guy was just running away (at least from what that article says, haven't read anything else past that).