That is right, if you are guilty, you want a jury trial, if innocent you want a bench trial. But you keep missing the point--- I would sidestep the whole issue of defendant. Finding him in my shower, I would simply toss a power tool in there and let him electrocute himself.
Then take him out in the woods and leave him for the coyotes. At the very least come home an hour later and "find" him, report the break-in, that a stranger broke in, took a shower while playing with some electric hair dryer or something, it must have fallen in the tub and juiced him.
No harm, no foul, no fault. The coroner asks you some routine questions and takes away the body. They check him out and find he was stinking drunk. Case closed. Then you sue his family for the home damages.