There was more going on than described in the original report, but I still believe Barone will be no-billed. At least two unusual things: Barone was awake and working in his home office when it came down, not sleeping as reported earlier, but he had to go to the garage to get his handgun out of his car. If the commotion in the back of his house hadn't alerted him in time to get his gun, he would never have been able to do so once the glass in the bedroom window shattered.
Second, Barone said, "I saw an upper torso coming through the window but it was covered by the curtains," Barone said. "I fired three shots." It may have been the only real option in that particular scenario; I can't say. But pulling the trigger before you can identify the target is always a dangerous proposition. In this case, it was a multiple-count felon, not Uncle Larry, after several too many, stumbling in the backyard and falling against the bedroom window.
The current article continues: "Barone said he ran out his front door and quickly checked around the outside of his house, then ran back inside. Back in the bedroom, Barone said he saw an arm still hanging inside the window and he fired another shot 'where I thought the head would be.'"
Not a good choice. No reason to go check the exterior of the house. From the sound of it, the shooting happened in the master bedroom, and Barone had his wife holding the child and infant in the master bath's tub (which part was probably a very good idea). But if he had fired three at someone coming through that window, and he was in prime position to guard the master bath and his family...stay there. Load a fresh mag; keep an eye on that threat in case he really isn't stopped; be alert for other threats that may be with the BG and wanting to join the party; call 911 if he hadn't already done so.
'Course, it's easy to second-guess from afar and long after the fact.
Barone seems like a good citizen and family man, and if the shoot is judged as valid as it looks, I hope everything about this works out well for him and that he and his family can put this quickly behind them.