1. He should have shut up until he got a lawyer.
2. He shot “into the dark” as a warning with no intent to do anything but scare off the burglar AFTER he yelled a warning.
NOT GUILTY.
His stupidity was (1) not calling 911 immediately (2) not talking to a lawyer before talking to police.
The police are NOT there to help you. Ever. Sad to say.
Responding to your points:
1. According to the articles (there is a link within the story to a separate local newspaper article), the wife did talk to an attorney prior to the call to the police. Doesn’t say if he also talked to the attorney personally. Can’t imagine any competent attorney not advising them to call the police and to keep quiet until they could speak with counsel. (Hate to judge a book by its cover, but the mugshot doesn’t inspire confidence he is the type that would listen to anyone except himself and he may have talked anyway trying to justify his actions.)
2. The newspaper article indicates that number of shots fired is already in dispute. So it is going to get down to light levels and blood trails and entry and exit wounds. The physical evidence is going to show whether the “shots into the dark” were warning shots or not. Policing up his brass and “going back to sleep” for two hours prior to calling the police looks suspicious and isn’t helping his case.
Not Guilty. Maybe before he went back to sleep, not so clear afterwards. That’s where depraved indifference may be a factor and make it murder after the fact. Time and a jury will tell now.
(1) To which point in time are you referring? Before going outside? Immediately after the shooting? Either choice was better than waiting two hours.
(2) I agree you should generally be cautious but with the qualification that I will help the police in an emergency situation if asked (or it’s obvious they need help). It’s a matter of judgement.