The shooter is definitely negligent, IMO. The tougher question is whether this should be a criminal offense. In most states, this requires something more than ordinary negligence, either gross negligence or reckless behavior. Since he knew the house was there within short range, I would say it is reckless to discharge rifles in that direction depending only on some trees as a back stop. I learned at an early age that one needed a hill or something similar as a backstop. Hills were pretty easy to come by growing up in Southeastern Kentucky.
