We're in agreement as to your last two paragraphs. I think you're just as guilty of speculation as I am in this particular case. I'm just coming down on the side of the good guy and also assuming him innocent in regards to the info presented thus far-which he is sans the law about shooting in town. My take is that he very well could have grabbed the gun up when he saw the house was gone through in case the burglar was yet on the premises. Following the trail, so to speak, he spies the burglar coming out of his neighbor's window. I think that this is not only reasonable but the most reasonable explanation and I'll hazard a guess that most of us here would do similarly to what he did in the same situation. I'll include you in that group.