It would be like me being drunk, and someone rear ending me, at 5MPH at a red light....And since I am drunk, my foot hits the gas, instead of reacting properly and hitting the brake, causing me to drive into the intersection, broadsiding a car full of cub scouts, killing them all.
So what you’re saying is that it matters what the facts are. That’s all I’m saying. We cannot assume facts that are not in evidence.