Well I didn't comment on this till more news came out, but it's not looking good for him.

He was in bed with his girlfriend - Yet did not notice her gone when he 'heard something'. The first thing I would do is nudge my other half and say "did you hear that?"

He had time to put his legs on and get his gun, but never called the police

When you fire a shot the person at the other end would definitely scream or shout something, and he'd have known her voice.

How many people break into a house to use the toilet?