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The report on the radio made it sound like he was cowering in the bathroom and they opened fire killing him. I hope that is not the case.

It was at night, that is helpful to the couple.

If he ran out of the bathroom and made physical contact with the wife, that is helpful to the couple.

But if he has no goods with him, to me is questionable, especially, if all the shots are into his back.

Call 911. Wait for the police.

I would say they will spend some hard earned money with lawyers.