And since the pavement was hot, one can presume it was not nightime, so your statutory defense fails right off the bat.
Yeah, yeah, yeah...
For some reason, I've had this flash vision of the classic "guy-left-out-in-the-desert-to-die".
You know, the one where he's laid out flat on his back, arms and legs stretched out and tied down to stakes, with vultures circling overhead and the desert sun beating down on him...
In comparison, THAT horrific scenario is really quite serene...
at least the dude staked down in the desert didn't have a half-dozen obese WalMart associates piled on top of him, squashing him into the hot desert sand.