The guy who shot him would be in pretty big trouble if the guy who was shot was found. You are not allowed to use deadly force unless you feel like your life was in danger. Being shot in the back of the knee shows he wasn't facing the person so the person who shot was not showing aggression. I can't see how a tree stand is worth killing someone over. The guy doing the shooting would get a lot more jail time than a guy stealing a tree stand if the story took place like you say. I would certainly be mad if I saw someone stealing my stand but not enough to draw on or even let an arrow fly.