so he's in the wrong for killing them.
Except if he would have let them live and they come back and sue him for damages caused and inflicted for him shooting them the guy suffers even more.
this is why you shoot to kill, period. burglars have sued for less, falling on a kitchen knife during a burglary and so on.
shitty deal all around but the guy wasn't in the wrong. Only thing he should have handled different is calling the police right away.
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