Guilty or Not Guilty

O.K., the jury has been selected, every one has been seated and the Judge has approached the bench. He sits down and calls the court into session. The first witness is called forward. The incident unfolds something along these lines. The witness and companion are traveling together and reach their destination. Vehicle slows, stops, and driver gets out, walks to rear. Valuables in car must be kept secure, if stolen or tampered with, great trouble could arise. A timespan of at least an hour will elapse before they return . Said passenger exits vehicle, stows valuables behind seat, looks to see if the key is removed from steering column, yes it has been and is nowhere in sight. Passenger in question hits the lock button and closes door. Doors are now secured so walks toward rear also. Driver looks back, aghast, just in time to realize that the lock button has been pushed and door has closed. "You didn't lock the doors did you?" driver asks, very upset. Said passenger assures driver that yes, doors are locked, valuables secured. Driver retorts, "!@#@$%$#&$%& I guess you realize there's only one key and it's locked up inside, don't you?" passenger replies, " I looked first to make sure and it's not in the ignition." Drivers response is, [as if looks could kill] "Well, we'll just have to break the window, there's no other way in." Errands are finished, driver and passenger return to vehicle. Pliers and prybar are used in attempt to gain entrance. No progress is made. Passenger looks in window and makes the remark, "There are no keys in there," and stops just short of continuing with, "So they must be in your pocket." Driver interrupts with, "They are in there, I should know, I threw them in the floorboard." Further attempt is made but the vent window cannot be opened. Said driver is on a short time limit to be at place of business, temper is by now short so window is broken and entrance is gained. All is well, or is it? Now, jury, who is at fault, the passenger who locked the doors or the driver who removed the keys from the ignition and threw them in the floorboard for save keeping? What, can't thieves see keys on floorboards? Just what are pockets for anyway? Just mere feet, across the road, keys were taken from the ignition of another vehicle and attempt was made to steal it. So who's right and who's wrong. Who pays for a new window, driver or passenger? Are both guilty as charged? Go figure.