The homeowner should have refused to answer any questions at all to investigators. If there is one thing I learned from TV crime shows, it is this.....If you already know you are in a serious legal situation, dont say anything and ask for a lawyer. People dont realize they do not have to answer anything at all. As much as i feel for the homeowner having people try to rob him, his own words will probably be used against him now.
A jury will have a tough time hearing what he said, and may think he went too far. Why was he even dragging them around. That alone is bizarre because he should have known not to touch them. I suppose if he thought maybe others were in the house, he may have drug them away so the others would not see them and maybe he thought if they saw them, they would come running down shooting at him.
The bottom line is it does seem like he went too far once the threat was gone. He went too far IMO. I still think manslaughter would be a fair charge though because he did not start this situation. The fact they entered his home is what started it, so manslaughter seems like the proper charges, and then let a jury decide his sentence if any.
Here is link and parts of his statements below and according to LE, he himself is saying he fired more than he needed to:
http://www.dailymail.co.uk/news/art...basement-claims-robbed-home-Thanksgiving.html
He then shot her several times in the chest with a .22-caliber revolver, dragged her next to her cousin, and with as she gasped for air, fired a shot under her chin 'up into the cranium'.
'Smith described it as "a good clean finishing shot",' according to the compliant,
and acknowledged he had fired 'more shots than (he) needed to'.