They should use that in sentencing. If its not convicted it won’t matter as much. It was not used to determine guilt. They determined the defendant was likely aware that his actions along with his friends would lead to violence, and he went along anyways. He also did the only possible thing at the time in running and hiding. We don’t know what he would have done had he had the gun that night. At best that should not go either way towards guilt or innocence.