In such cases, all the victim needs to do is tell the police that the now-dead perp said “I’m going to kill you”...
I had a friend who was home one evening. He heard someone break in and had a baseball bat in his room. He called the cops and waited in his room. When the guy came in, he slammed him and did all sorts of damage. When the cops arrived, they informed him, “You should have thrown him out of the house. Now you’re gonna get sued and spend years in court.”