I agree, but according to his story he was not in bed when he heard the "intruder". However, he did have to walk past the bed and then retrieve his gun from under the bed. I find it inconceivable that it did not occur to him that it might be her in the bathroom, or that he wouldn't check on her, or even notice that she wasn't in bed.
She wasn't just in the bathroom, she was in a locked toilet stall within the bathroom. I assume she likely turned the bathroom light on. Why would an intruder break in through the bathroom window, turn the bathroom light on, and then go into the bathroom stall and close the door? It makes no sense.
It's also a little odd that she didn't speak up when he entered the bathroom and that she had locked the stall door.
Then armed with a gun, why would he not yell to the intruder asking him to identify himself before firing multiple shots?
While the neighbors heard screaming, they also testified to hearing them argue late into the night. How could the judge just dismiss that?
This whole thing stinks and a murderer got off lightly. Just awful.