Assuming she is telling the truth which is an assumption...
I put myself in her shoes.
Suppose I try to open my apartment door and find it pushes open. There is an unidentified man sitting on an unfamiliar couch eating ice cream.
Do I draw and shoot? No. And I am not even a trained police woman.
I am not trapped. I can flee. No one has reported a crime going on. He is not threatening me (what kind of an active threat is eating out Of a bowl? The strange furniture is a huge tip that things are not what I think they are
I am scared and confused and back out. That’s it.
I vote murder.
My suspicion is that more was going on than we know between them. Regardless, it’s murder.
As I made clear in an earlier post that possibility occurred to me. I have an ongoing problem with a resident of a unit in my building. But given that she's an absolute whackjob I ignore her and her dirty looks.
If there was it could well be an entirely different ballgame.It could cause me to say "murder,without question" or "Good God,no wonder she acted as she did".
Regardless, it’s murder.
Nope,not as the case was actually presented.
How do you know the couch is unfamiliar? Are these furnished apartments with all the same types of furniture? Does his couch look like her couch?
When you are startled by finding someone in your apartment, do you have the presence of mind to realize that he's just eating ice cream?
I am scared and confused and back out. That’s it.
Now this part I fully agree with. If she's in the doorway when she sees him, a normal reaction would be "Oh Sh*t! Someone's in my apartment! Let me get out the door and then asses the situation!"
This is where she exhibited bad judgement. Bad luck brought her to this confrontation, but bad judgement is what killed a man and ruined her life.