He didn't know that when he delivered the kill shot. His intent was to end her life.
As I said yesterday, the thieves brought this on themselves. I wouldnt care if it was Ed Geins house theyd broken into... They initiated their own death by invading this guys house, again, and again, and again...
Then charge the two with murder along with the homeonwer.
He testified that he thought she was dying anyway and in pain. Coroner backs this up...