Who on earth would recognize that there is somebody in the toilet area then of the first things that comes to mind would not include the possibility that it could be the other occupant in the house and instead thinks it is an intruder?
What sane person would be more inclined to explain that there is someone in the toilet area with the window he saw open instead of the other way around let alone ignoring that other explanation entirely?
I could have a roommate or any other occupant with me in the house sign an agreement not to go there and still not be anywhere close to ignoring such possibility in general not to mention enough to fire four bullets through the door. He did not even claim that he called his girlfriend by name asking if she was the one in the toilet area before shooting.
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