He shouldn't be charged. Hilarious story, though.

Something the same principle, but completely different scenerio i once read about.

A son was coming home from college, and told his parents he'd be home the next day. He for some reason left early, and was going to sneak into his house at night, and surprise them in the morning. When he got home, he realised he forgot his key and snuck in through the broken window that his house had.

His father thought it was someone breaking in, and shot and killed his own son. The father, who now has to live with that guilt, wasn't charged with murder, as he was protecting his wife and himself, and his son was breaking and entering.