If we buy that Brad Rukstales was simply curious and confused by spontaneous commotion, then how does it make sense to say he should be treated as a criminal? H

If we buy that Brad Rukstales was simply curious and confused by spontaneous commotion, then how does it make sense to say he should be treated as a criminal? He's saying he's an innocent and curious person who was accidentally misplaced, and you're saying you trust him and think he should be punished as a criminal anyway?