(The homeowner) said he didnt have the heart to kill him,
The bad guy who wanted your gun so badly more than likely had the heart do so.
We here at the personal injury law firm of Dewey, Cheatham, and Howe, feel that young Mr. Qintana has an excellent case against Mr. McNeil, who shot him for no reason at all as Quintana, henceforth known as The Victim, walked home from Bible Studies Class to change for his cello lesson. Obviously, he became disoriented while pondering a point of Quantum Mechanics, and absent-mindedly entered the McNeil home.
Since Mr. Qintana, The Victim,, had a promising and long career ahead of him in Nuclear Physics, Mr. McNeil will will face a hefty judgment, that in all probability will be for more much more than his homeowner's insurance can cover. The McNeil property will become the Quintana property. The way we and law see it, Mr. Quintana simply mistook the McNeil's premises for his own. Ironically, with our fine firm to reperesent him, it soon will be his own.
Free advice to armed homeowners. Shoot to kill when faced with an intruder, or run the risk of having to support a wounded perp for life. Or worse, run the risk of you or a loved one getting killed yourselves.