H could probably explain that away as fearing for his life - how would he know the criminal was unarmed? But telling people ahead of time he planned on shooting the some **** kids. That is what's going to nail him. It doesn't bother me to see a burglar shot, but the state has other ideas on protecting the criminal class.
Cuz he had him on video. Even so and even when in fear for your life, the law tends to frown on just randomly spraying the area with shot because of the danger of hitting all sorts of things besides the target. But doing so when you know the guy is unarmed, in light of all the other evidence, is really not going to help your case.
The guy is his own worst enemy.