And from my quick, very easy google search here is why it wasnt burglary...
1.) no forceable entry, nor was the property marked. To be such there must be obvious unlawful entry... i.e., someone stops in to ask for directions is no more or less guilty or innocent then the deceased in this instance.
2.) you must prove intent... you have to prove he had intent of committing a felony. You cant, hes dead.... and not at the scene.
The burglary statute is posted above, twice.
Forcible entry is not required, nor is actually stealing anything.
Intent can be inferred from his actions, and proven by the video of the joglar, both inside and outside the house.
