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.
MFer Reviewed by MFer on . Keep the volume on the porn down OCONOMOWOC, Wis. - A man says he broke into an apartment with a cavalry sword because he thought he heard a woman being raped, but the sound actually was from a pornographic movie his upstairs neighbor was watching. "Now I feel stupid," said James Van Iveren, who has been charged in the case. "This really is nothing, nothing but a mistake." According to a criminal complaint, the neighbor told police that Van Iveren pounded on the door and kicked it open without warning Feb. 12, damaging Rating: 5