Friend walked in on a burglary.

[Bailey Guns]

I would also tend to agree based on many definitions of the word "occupant" that a person not necessarily be at or in a particular place to be considered an "occupant". Here's one:

oc·cu·pant

[ok-yuh-puhnt] Show IPA
noun 1. a person, family, group, or organization that lives in, occupies, or has quarters or space in or on something: the occupant of a taxicab; the occupants of the building.

2. a tenant of a house, estate, office, etc.; resident.

3. Law. a. an owner through occupancy.

b. one who is in actual possession.

IIRC there is no statutory definition of "occupant" in Title 18. It's been a while.