The charge is probably 2nd degree murder but for a different reason: depraved indifference.
https://en.wikipedia.org/wiki/Depraved-heart_murder?wprov=sfti1
Going back to bed (instead of immediately calling the police) showed an indifference to whether or not the person the victim shot was wounded and might die from the gunshot wound. No duty to run after him, no duty to render aid but notifying the police would have brought officers who were trained to do these things and would have demonstrated concern.
My personal view is that the home owner opened up a big can of trouble for himself the moment he went outside to confront the burgler. This comment is not about what is permitted by the law but about controlling the factors that can escalate the situation. The home owner (and his wife) were safe inside, he had armed himself for personal protection, he had access to communications, and he had good situational awareness. He probably could have stopped the crime by calling 911 and then yelling at the burgler that the cops were on their way. If the burgler then decided to attack the homeowner, there would be no doubt about the necessity of shooting. As it was, going outside turned a property crime into a confrontation.
Again, this comment is not about what is permitted under the law. And it sure as heck isn’t about saving the burgler’s worthless life. It is about handling the situation in a way that protects your safety and minimizes the amount of hassle to you. Even if this turns out to be a “good shooting,” it is still going to do a lot of damage to the victim. The bail bond is $150k. The bondman’s fee is usually 10%; that’s $15k nonrefundable. Was there anything in that shed remotely worth $15k?
And this is just the beginning...
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.