That was the first assault, it is the second assault that matters, the one where he returned and slashed his jugular vein wide open causing him to dieMoments before plunging his knife into the burglar's eye, he was heard screaming "You thought you could steal my Television? I'll make sure you'll never watch TV again!"
I think he might have only been trying to blind the guy, so what's that when it's at home in a court of law?