To be clear, I don't think anyone is alleging that he intended to use the portapotty, I just said that to illustrate the "it's ok if it's under construction" defense. The prosecutors against the whites have acknowledged the video of the dead jogger entering the home, and say it means nothing. There's this sudden claim on twitter which says that if you're jogging, it's perfectly normal and acceptable to enter construction sites. Some are even calling it "urban exploration".
Like, I get that some people do break into construction sites not to steal stuff but just to check things out, but people that do that usually know they're committing a crime, and often document it too so if they get busted they can say "just urban exploration bro". And additionally, there's a giant difference between entering say, a half-finished skyscraper vs a nearly-finished home with a truck parked in the driveway. The 911 neighbor claims that the people working on the house were still living in it too, which if true would invalidate any kind of unoccupied home defense.