They broke in, he fired, he shot and wounded them both. One thing he shouldn’t have done was then to go to the two intruders and deliberately fire kill shots into both of them. That’s where the murder comes in.
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I am not sure that is always true. If someone shoots and wounds a criminal and the criminal is moving around who is to say that the criminal isn’t trying to get to his gun to shoot back.
What Gun? Are you remotely familiar with this case? He shot them, then physically dragged them to another part of his house so they wouldn’t bleed on the carpet, telling them they were dead as he did it, and shot them again.
They were incapacitated, this was cold blooded premeditated murder, trying to argue otherwise shows a level of ignorance of the law that I would expect at Democratic Underground.
If you can walk up to one, place the muzzle of your rifle under her chin, and then pull the trigger then I'd say there wasn't much of a threat from her.