¶1Opinion of the Court by
¶2I. INTRODUCTION.
¶3Rocky Brown was shot and killed while attempting to hold the door to prevent a forced entry into Adolphus Stone’s home. A circuit court jury convicted Henny Gunn (a/k/a Henry Gunn) and Steven Paulley of, among other offenses, murdering Brown. Both Gunn and Paulley separately appealed to this Court as a matter of right.
¶4II. FACTUAL AND PROCEDURAL HISTORY.
¶5Nine people, including three children, were present at the home Stone shared with his girlfriend. Someone knocked on the door and identified himself as B.J. The knocking became pounding and kicking, and Brown put his weight against the door to hold it closed. A shot fired through the door struck and fatally wounded Brown, who had leaned his back and shoulder against the door. When the police arrived, they could not get in through the front door because Brown was still holding the doorknob.
¶6In the course of their investigation, the police learned of Stone’s ongoing feud with Eric Ward. Eventually, Ward, Paulley, Gunn, and Eric Taylor were charged in relation to Brown’s death. Two weeks before trial, Ward and Taylor agreed to *719testify for the Commonwealth. Ward pleaded guilty to complicity-based charges surrounding Brown’s death and agreed with the Commonwealth on a sentence of four years’ imprisonment for those charges. Taylor entered into an agreement with the Commonwealth in which he waived his 5th Amendment right to refuse to testify in exchange for a reduction in the severity of his charges. Nonetheless, Taylor was permitted to sit at the defense table during Gunn and Paulley’s joint trial. The jury acquitted Taylor of all charges; Gunn and Paulley were convicted of all charges. Ultimately, in accordance with the jury’s verdicts and recommendations, the trial court sentenced Gunn to life imprisonment and sentenced Paulley to twenty years’ imprisonment.
¶7III. ANALYSIS.
¶8Both Gunn and Paulley raise numerous, often-overlapping issues. We will discuss the failure to strike a juror for cause issue first because it is dispositive. We will then briefly discuss only those issues that are potentially dispositive or are necessary for guidance upon remand.
¶9A. Failure to Strike Juror for Cause.
¶10During voir dire, prospective juror # 220248 stated that she was a civilian who previously had served as a training instructor for the Indianapolis Police Department. She also stated that she had many relatives in law enforcement, none of whom lived in Kentucky. She disclaimed any bias because she did not know any of the officers involved in these cases.
¶11Later on in voir dire, prospective juror # 220248 stated that she had been a burglary victim several times, both as a child and as an adult. Nonetheless, she insisted that she could be fair and impartial in these burglary and murder cases.
¶12Finally in voir dire, prospective juror # 220248 stated that her son had been the victim of a robbery involving a firearm. When asked, the prospective juror admitted that she was not sure she could listen to the evidence and not allow her previous experience to cloud her ability to consider these cases. Defense counsel asked if the prospective juror’s prior experience would interfere with her ability to be fair and impartial, to which the woman responded that she was not sure.
¶13Over the Commonwealth’s objection, defense counsel later moved to strike prospective juror #220248 for cause. The trial court said it would have liked to question this prospective juror further but denied the motion to strike for cause because the court believed the juror had not expressed anything that could prevent her from serving as a juror. Defense counsel then was forced to use a peremptory strike to remove prospective juror # 220248.
¶14Kentucky Rules of Criminal Procedure (RCr) 9.36(1) provides a juror should be struck for cause “[w]hen there is reasonable ground to believe that ... juror cannot render a fair and impartial *720verdict on the evidence.... ” A trial court generally is given “broad discretion to determine whether a prospective juror should be excused for cause....”
¶15Gunn and Paulley admit neither identified any additional jurors he would have struck if he had not been forced to use a peremptory strike on juror # 220248. The Commonwealth argues that such a failure is fatal to Gunn’s and Paulley’s claims. We disagree.
¶16Gunn and Paulley’s joint trial occurred in September 2008. We did not make definite our requirement that defendants set forth the names of other jurors they would have struck until October 2009— over a year after Gunn and Paulley’s trials.
¶17Having dealt with the procedural aspects of this issue, we may now analyze it on the merits. A properly qualified juror must be impartial, which former United States Supreme Court Chief Justice Charles Evans Hughes described as *721comprising a “mental attitude of appropriate indifference ...”
¶18The fact that prospective juror # 220248 had personal and familial ties to law enforcement does not automatically disqualify her from sitting as a juror on the case.
¶19But far more troubling is the fact that prospective juror # 220248 was unable to disclaim any bias stemming from being the mother of a crime victim. In fact, she stated she might not be able to put out of her mind the fact that her son was a victim of an armed robbery. When asked directly whether she could be fair and impartial, the juror stated she was not sure. The juror’s hesitancy is highlighted all the more because it stands in marked contrast to her quick disclaimer of any bias stemming from her law enforcement ties and experience.
¶20Unfortunately, this issue was not deeply explored by follow-up questions. The last word on this crucial subject was the juror’s honest-seeming expression of doubt about her ability to be fair and impartial. From this scant record, the Commonwealth asks us to assume a lack of bias while Gunn and Paulley ask us to assume bias. As stated previously, however, we must afford a criminal defendant the benefit of the doubt as it pertains to a juror’s ability to be impartial. After all, perhaps nothing strikes more at the heart of having a fundamentally fair trial than does the seating of an appropriately impartial jury. Yet, to rule in favor of the Commonwealth, we would be required to find impartial a juror who refused to so categorize herself. In other words, taking into account all the facts and circumstances, there is nothing *722in the record from which we could definitively conclude this juror was truly impartial.
¶21In the absence of anything concrete to show this juror could have set aside the feelings she held as the mother of a crime victim, we are forced to conclude “there is reasonable ground to believe that ... juror [#220248] cannot render a fair and impartial verdict on the evidence, ...”
¶22The trial court’s erroneous failure to grant the motion to strike prospective juror #220248 for cause “deprived the defendants] of a substantial right” and, ultimately, led Gunn and Paulley to “not get the trial [they were] entitled to get.”
¶23B. No Entitlement to Directed Verdict.
¶24Both Gunn and Paulley contend they were entitled to directed verdicts.
¶251. Standard of Review.
¶26The familiar standard for ruling on a motion for directed verdict is as follows:
On motion for directed verdict, the trial court must draw all fair and reasonable inferences from the evidence in favor of the Commonwealth. If the evidence is sufficient to induce a reasonable juror to believe beyond a reasonable doubt that the defendant is guilty, a directed verdict should not be given. For the purpose of ruling on the motion, the trial court must assume that the evidence for the Commonwealth is true, but reserving to the jury questions as to the credibility and weight to be given to such testimony.
On appellate review, the test of a directed verdict is, if under the evidence as a whole, it would be clearly unreasonable for a jury to find guilt, only then the defendant is entitled to a directed verdict of acquittal.19
¶272. Burglary.
¶28Both Gunn and Paulley contend they were entitled to directed verdicts because there was no evidence that either entered Stone’s home. The evidence showed that, at most, the front door of Stone’s residence opened slightly when it was kicked by Gunn. So Gunn’s foot could have crossed the threshold when the door was ajar. The question of whether entry as slight as this is sufficient to support a burglary charge has rarely been addressed by this Court, especially since the adoption of the Kentucky Penal Code in 1974.
¶29As it pertains to this case, a person is guilty of burglary in the first degree if he “with the intent to commit a crime ... *723knowingly enters or remains unlawfully in a building, and when in effecting entry or while in the building or in the immediate flight therefrom, he or another participant in the crime ... [i]s armed with explosives or a deadly weapon....”
¶30Other courts have concluded that even a slight entry is sufficient.
¶31Although not cited by the parties, our precedent is in general accord with this “slight entry” rule. At the beginning of the last century, our predecessor Court had to decide whether loosening a window strip — but not actually opening the window — was a sufficient “breaking” to constitute breaking into a warehouse.
¶32After the adoption of the Penal Code, we have, apparently, only had one occasion to address the continued viability of the slight entry rule; and that occasion occurred thirty years ago. In Stamps v. Commonwealth, a defendant was convicted of third-degree burglary based upon his having penetrated into the “air pockets of the concrete blocks” at the rear of a store without having “penetrate[ed] into the store” itself.
¶33So, consistent with precedent and with the viewpoint of other courts, we reaffirm that even a slight entry is sufficient to support a charge of burglary, assuming, of course, the evidence supports all the other requisite elements of a burglary offense, none of which are at issue in these appeals.
¶34Drawing all reasonable inferences in favor of the Commonwealth, a reasonable juror could have concluded that Gunn’s foot crossed the threshold of Stone’s home when Gunn kicked Stone’s front door. So the trial court did not err when it refused to grant Gunn’s and Paulley’s motions for directed verdict on the burglary charges.
¶353. Wanton Endangerment.
¶36Gunn was convicted of nine counts of wanton endangerment — one count for each person present in Stone’s home when Gunn shot through Stone’s front door. Gunn contends his conduct did not support a finding of guilt on nine counts of wanton endangerment.
¶37The Court of Appeals has previously rejected this argument. In West v. Commonwealth, a defendant was charged with seven counts of wanton endangerment based upon the seven people who were in the homes into which the defendant fired.
¶38We agree with the conclusions and analysis of the Court of Appeals. We have held that Kentucky’s wanton endangerment statute is designed to protect “each and every person from each act coming within the definition of the statute. It is not a statute designed to punish a continuous course of conduct.”
¶394. Murder.
¶40Both Gunn and Paulley contend they each were entitled to a directed verdict on *725the murder charge, but their arguments are not framed in precisely the same manner. So we will discuss each argument separately.
¶41a. Gunn.
¶42Gunn contends he was entitled to a directed verdict on the murder charge because the Commonwealth’s evidence was “scant and unreliable.... ” In other words, Gunn’s argument is not that the Commonwealth failed to present any incriminating evidence against him; rather, his argument is that the evidence presented by the Commonwealth was unreliable or should not be believed.
¶43Gunn’s argument appears improperly to characterize the role of a court in ruling on a directed verdict motion. When ruling on a motion for directed verdict, a court “must assume that the evidence for the Commonwealth is true.
¶44In the case at hand, there is no dispute the Commonwealth presented evidence showing Gunn both fired the shot that killed Brown and admitted to others his involvement in shooting Brown. There also was evidence Gunn knew that at least one person was on the other side of the door when Gunn fired through it, meaning intent to kill may reasonably have been inferred.
¶45b. Paulley.
¶46Paulley’s directed verdict argument involves a somewhat confusing amalgam of what he believes to be insufficient evidence, improper remarks by the Commonwealth, and improper jury instructions. As we understand it, Paulley contends there was insufficient evidence to convict him of intentional murder such that the trial court erred by giving the jury a combination instruction it could have used to find Paulley guilty of either intentional or wanton murder.
¶47First, there was sufficient evidence presented for a reasonable juror to convict Paulley of intentional murder. The Commonwealth presented evidence showing that Paulley and his cohorts— including Gunn — went to Stone’s home to rob Stone or exact revenge on Stone in furtherance of Stone’s ongoing feud with Eric Ward. Paulley and Gunn went onto *726Stone’s front porch. Paulley handed Gunn the loaded shotgun Gunn used to shoot Brown through Stone’s door, knowing that someone else was on the other side of the door. The evidence was sufficient for a reasonable juror to find Paulley guilty of intentional murder. So the trial court did not err by denying a directed verdict as to intentional murder or by instructing the jury it could find Paulley guilty of intentional murder.
¶48Since Paulley does not argue he was entitled to a directed verdict on a charge of wanton murder and there was sufficient evidence to support a conviction for intentional murder, it was not inherently improper for the trial court to instruct the jury on both theories.
¶49Finally, we reject Paulley’s argument for relief based upon the Commonwealth’s statements to the effect that the jurors did not have to all agree on whether Paulley was guilty of wanton or intentional murder. We have recently re-emphasized that a jury need not unanimously agree on a specific theory of guilt, provided all theories of guilt available to the jury are supported by sufficient evidence.
¶505. Jury Verdict Irregularities.
¶51The jury initially returned verdicts finding Paulley and Gunn guilty of all homicide and burglary charges — both principal and every lesser-included offense. Specifically, as to the homicide, Gunn and Paulley were each found guilty of murder, manslaughter in the first degree, and manslaughter in the second degree; Paulley was additionally found guilty of facilitation to murder, facilitation to manslaughter in the first degree, and facilitation to manslaughter in the second degree. As to burglary, Gunn and Paulley were each *727found guilty of both burglary in the first degree and attempted burglary in the first degree. When questioned by the trial court, the foreperson stated that the jury had found the defendants guilty of all counts because the Commonwealth had stated in closing that the defendants were guilty of the lesser offenses if they were guilty of the principal offenses. Over objection, the trial court denied motions for directed verdicts on the greater offenses and motions for mistrial. Instead, after an overnight recess, the trial court directed the jury to return to deliberations and clarify under which homicide or burglary theories it intended to convict Paulley and Gunn.
¶52On appeal, Gunn and Paulley contend they were entitled to a directed verdict on the greater offenses or a mistrial. Obviously, this unique factual scenario is highly unlikely to recur on remand. And we are highly skeptical that a mistrial was warranted. However, we need not definitively determine whether Paulley and Gunn were entitled to such a drastic curative measure because their cases are already being remanded to the trial court on other grounds. Nevertheless, we shall briefly discuss the directed verdict argument since Gunn and Paulley would not be eligible to be retried on the principal offenses of murder and robbery if we accept their argument that the jury’s finding of guilt on the lesser-included offenses entitled them to a directed verdict on the principal offenses.
¶53We have already held there was sufficient evidence to submit the principal burglary and murder charges to the jury. Moreover, the jury’s highly unusual verdicts cannot be deemed an acquittal — implied or actual — of any principal charges since the jury also expressly found Paulley and Gunn guilty of the principal offenses. So the doctrine of implied acquittal provides no relief to either Gunn or Paulley since there were no acquittals.
¶54Our precedent is clear that “[a] defendant may not be charged and convicted of both a major offense and lesser-included offense arising out of the same facts.”
¶55C. No Error in Refusing to Grant Separate Trials.
¶56Both Paulley and Gunn contend the trial court erred by ordering them to be tried together, along with co-defendant Taylor. Their arguments focus mostly on the purported unfairness of having Taylor, who had already struck a deal with the Commonwealth at the time of trial, being permitted to sit at the defense table and being afforded the opportunity to collaborate upon such matters as peremptory strikes. But Taylor was, in Paulley’s words, “inexplicably acquitted” by the jury. So there appears to be no possibility that Taylor will again stand trial with Gunn and Paulley on remand. In other words, any issues involving the purported prejudice Gunn and Paulley suffered as a result of being jointly tried with Taylor are moot. Instead, our focus must be on whether the trial court erred by trying Paulley and Gunn together, i.e., whether they may be again tried together on remand.
¶57The main argument made by Paulley and Gunn is, essentially, that a joint trial was prejudicial to each of them because they had antagonistic defenses. “A criminal defendant is not entitled to severance unless there is a positive showing prior to trial that joinder would be unduly prejudicial.”
¶58We reject Gunn’s specious argument that there was no evidence against him and that he must have been, essentially, found guilty by association or because he was framed by his co-defendants. This is merely a clever attempted variation on his previously rejected argument that he was entitled to a directed verdict. We have already held there was sufficient evidence to submit the charges to the jury, and it was up to the jury to sift through the evidence to determine what it believed and what it rejected. The facts and circumstances underlying the charges against both Gunn and Paulley were the same; and, taking into account all the facts and circumstances of these cases, we conclude the trial court did not abuse its discretion by ordering Gunn and Paulley be tried *729together.
¶59D. Exclusion of Paulley’s Statement.
¶60The final issue we must discuss is raised by Gunn alone. Gunn contends the trial court erred by excluding on hearsay grounds a statement purportedly made by Paulley that Ward fired the fatal shot. We disagree with the argument that the trial court erred.
¶61Megan Sanders was an acquaintance of Paulley and, along with others, spent time with Paulley in a park shortly after Brown was killed. When called as a witness by the Commonwealth, Sanders began to relate her version of the events on the night in question. During the early portions of Sanders’s testimony, the Commonwealth requested a bench conference at which the Commonwealth stated it believed that Sanders would shortly testify that Paulley had told Sanders that Ward had fired the shot that killed Brown. The Commonwealth stated that such a statement was inadmissible hearsay; Gunn’s counsel stated that the statement should be admitted as a statement against interest. The trial court ruled the Commonwealth was not required to introduce any statements in its own case that it did not wish to introduce. The trial court then stated it believed the statement would be inadmissible hearsay if defense counsel sought to introduce it on cross-examination. When Gunn later sought to question Sanders about Paulley’s alleged statement about Ward having been the shooter, the trial court ruled the statement inadmissible.
¶62All parties seem to agree the statement — whatever its precise content would have been — would have been hearsay. And hearsay is not admissible, unless it fits within an exception to the hearsay rule.
¶63Gunn argues two main exceptions to the hearsay rule. Neither is persuasive.
¶64First, Gunn argues that the statement should have been deemed admissible under the holding of Chambers v. Mississippi
In Chambers, another person, McDonald, who was not charged with the offense, had signed a sworn confession to having committed the murder. He had also made unsworn statements to others in which he admitted being the killer. The defendant was permitted to call McDonald as a witness and to introduce the sworn, written confession. However, McDonald denied committing the murder and recanted the confession, offering a plausible explanation for having originally signed it. Under Mississippi’s “voucher” rule of evidence, the defendant was prohibited from thereafter impeaching McDonald, his own witness, either by cross-examination or by use of his prior unsworn statements. Mississippi’s hearsay rule did not permit McDonald’s prior inconsistent, but un-*730sworn, statements to be used for substantive purposes, and did not contain an exception for hearsay statements against penal interest. Thus, the defendant could not rebut McDonald’s recantation of his sworn confession and was essentially prevented from presenting his best defense to the charges against him. It was held under those circumstances that where constitutional rights directly affecting the ascertainment of guilt are implicated, the hearsay rule may not be applied mechanistically to defeat the ends of justice.54
¶65Plainly, Chambers is distinguishable from the case at hand. Chambers was concerned with a situation in which a defendant could not impeach his own witness and whether that inability deprived a defendant of a right to defend himself — a concern not present in the case at hand. Equally important, the statement at issue in Chambers was self-incriminating; Paul-ley’s alleged statement at issue in the present ease directly incriminated Ward and only indirectly incriminated Paulley by, at most, merely placing Paulley at the scene of the shooting. So we do not believe that Chambers applies, nor that our longstanding rules deeming hearsay inadmissible are, in this case, being “applied mechanistically to defeat the ends of justice.”
¶66Gunn’s second argument in favor of the statement’s admissibility is even less meritorious. Gunn contends that the statement was admissible as the statement of a party-opponent.
¶67IV. CONCLUSION.
¶68For the foregoing reasons, Steven Paul-ley’s and Henny Gunn’s convictions are vacated; and their cases are remanded to the trial court for proceedings consistent with this opinion.
¶69. Ky. Const. § 110(2)(b).
¶70. After the jury recommended a twenty-year sentence for Paulley on the murder conviction, Paulley and the Commonwealth agreed to sentences on the other convictions, all of which were to be served concurrently with the murder conviction, for a total sentence of twenty years' imprisonment. Similarly, after the jury recommended a sentence of life imprisonment for Gunn on the murder conviction, Gunn and the Commonwealth agreed to sentences on the remaining convictions, all of which were to be served concurrently with the life imprisonment sentence, for a total sentence of life imprisonment.
¶71. We have carefully considered the briefs and are aware of the plethora of issues contained in them. Any issue not specifically discussed in this opinion is deemed to be moot, without merit, or unlikely to recur on remand.
¶72. Mabe v. Commonwealth, 884 S.W.2d 668, 670 (Ky.1994).
¶73. Gabbard v. Commonwealth, 297 S.W.3d 844, 853 (Ky.2009).
¶74. Id. at 854 ("The question then is whether the trial court’s erroneous failure to grant the for-cause strike is a reversible error. This Court has ruled that ordinarily, such an error affects a substantial right of a defendant and is presumed to be prejudicial.”).
¶76. Gabbardwas rendered on October 29, 2009. See id. at 844.
¶77. The Commonwealth contends this issue is preserved only as to Paulley. The Commonwealth cites to three portions of the video record where Gunn's counsel purportedly slated he had no strikes for cause. But one of those three citations merely contains a fleeting recitation that the defense, which was allowed to collaborate on peremptory challenges, used a peremptory challenge on juror # 220248. The other two citations do relate to the motion to strike that juror for cause. But the objection for cause was made at an en masse bench conference during which the attorneys did not face the camera and during which there is an ongoing loud and unrelated background conversation, so it is sometimes difficult to discern with certainty what is being said and by whom. So we deem this issue preserved.
¶78.Gabbard, 297 S.W.3d at 854. Both the Commonwealth and the defendants agree, for whatever reasons, the jury strike sheets are not in the record before us. So we could not, in this case, strictly apply our holding in Gabbardregarding denominating which other juror(s) a defendant would have exercised a peremptory challenge upon, even if we desired to do so.
¶79. United States v. Wood, 299 U.S. 123, 145-46, 57 S.Ct. 177, 81 L.Ed. 78 (1936) ("Impartiality is not a technical conception. It is a state of mind. For the ascertainment of this mental attitude of appropriate indifference, the Constitution lays down no particular tests and procedure is not chained to any ancient and artificial formula.”).
¶80. Mabe, 884 S.W.2d at 671.
¶81. Fugate v. Commonwealth, 993 S.W.2d 931, 939 (Ky.1999) ("Composition of the jury is always vital to the defendant in a criminal prosecution and doubt about unfairness is to be resolved in his favor.”); Calvert v. Commonwealth, 708 S.W.2d 121, 123 (Ky.App.1986) ("While we recognize the difficulty in empaneling a totally unbiased jury, especially in a case such as this, in a criminal case, the trial court should resolve all doubts as to the competency of the juror in favor of the defendant.”).
¶82. See Stopher v. Commonwealth, 57 S.W.3d 787, 797 (Ky.2001) (finding no error in failure to strike for cause juror whose father was police officer when juror “noted that he did not have any preference for police officers and that his family connection to the law enforcement profession would in no manner affect his ability to decide the case based on the evidence presented.”); Bowling v. Commonwealth, 942 S.W.2d 293, 299 (Ky.1997) (“Being a law enforcement officer is insufficient to excuse for cause from jury service.”).
¶83. Bowling, 942 S.W.2d at 299 (“the mere fact that a person has been the victim of a similar crime is insufficient to mandate a prospective juror be excused for cause.”).
¶84. RCr 9.36(1).
¶85. Shane v. Commonwealth, 243 S.W.3d 336, 341 (Ky.2008). See also id. at 343 ("Not removing a biased juror from the venire, and thereby forcing a defendant to forfeit a peremptory strike, makes the defendant take on the duty of the court and prevents him from getting the jury he had a right to choose. This violates a substantial right accorded great weight in our legal history, and can never be harmless error.”).
¶86. Though he mentions in passing that he was entitled to a directed verdict as to the robbery charge, Gunn offers no substantive argument specifically pertaining to that charge (nor does Paulley). So we will not discuss whether either Appellant was entitled to a directed verdict on the robbery charges.
¶87. Commonwealth v. Benham, 816 S.W.2d 186, 187 (Ky.1991).
¶88. Kentucky Revised Statutes (KIRS) 511.020(l)(a).
¶89. People v. Walters, 249 Cal.App.2d 547, 57 Cal.Rptr. 484, 486 (1967) ("The slightest entry is sufficient to constitute the crime of burglary, if it be with felonious intent.").
¶90. State v. Crow, 517 S.W.2d 753, 753 (Tenn.1974).
¶91. State v. Liberty, 280 A.2d 805, 808 (Me.1971).
¶92. Gaddie v. Commonwealth, 117 Ky. 468, 78 S.W. 162 (1904).
¶94. Id. at 461-72, 78 S.W. at 163.
¶95. Price v. Commonwealth, 129 Ky. 716, 112 S.W. 855 (1908).
¶97. Stamps v. Commonwealth, 602 S.W.2d 172, 172 (Ky.1980).
¶99. See 12A C.J.S. Burglary § 22 (2010) ("Any kind of entry, complete or partial, will suffice for purposes of a burglary statute. All that is needed is entry inside the premises, not entry inside some inner part of the premises. Moreover, the slightest entry is sufficient to constitute the crime of burglary, if it be with felonious intent. Thus, it is not necessary that the person enter the structure with his or her entire body, and the least entry of any part of the body of the accused is sufficient, such as penetration by his or her hand, arm, finger, or foot.") (internal footnotes omitted).
¶100. Although he, apparently, did not personally kick Stone's door open, there was sufficient evidence presented from which a reasonable juror could have concluded that Paulley was guilty of burglary under a complicity theory of liability.
¶101. Paulley was convicted of one count of wanton endangerment and does not appear specifically to challenge that conviction on appeal. Nevertheless, we must vacate that wanton endangerment conviction, along with all of Paulley's other convictions, because of our conclusion the trial court should have excused juror # 220248 for cause.
¶102. 161 S.W.3d 331, 336 (Ky.App.2004).
¶104. Hennemeyer v. Commonwealth, 580 S.W.2d 211, 215 (Ky.1979).
¶105. Beriham, 816 S.W.2d at 187.
¶107. See, e.g., Commonwealth v. Sutiles, 80 S.W.3d 424, 426 (Ky.2002) (“It has long been held by this Court that intent can be inferred from the act itself and the surrounding circumstances.’’).
¶108. Paulley seems to make no argument there was not sufficient evidence to convict him of wanton murder. To the extent that either Gunn or Paulley argues there was insufficient evidence to convict of wanton murder, we disagree. A reasonable juror could have concluded that although Gunn (acting in concert with Paulley) knew Stone’s home was occupied, Gunn might not have known the precise location of those occupants. Firing a shot through the door could have been construed as conduct "manifesting extreme indifference to human life” and “creatfing] a grave risk of death to another person....” KRS 507.020(l)(b).
¶109. Benjamin v. Commonwealth, 266 S.W.3d 775, 784 (Ky.2008) ("when the evidence will support either mental state beyond a reasonable doubt, a combination murder instruction is certainly proper.”).
¶110. Beaumont v. Commonwealth, 295 S.W.3d 60, 72 (Ky.2009) (“Although Section 7 of the Kentucky Constitution requires a unanimous verdict reached by a jury of twelve in all criminal cases, [i]t is not necessary that a jury, in order to find a [unanimous] verdict, should concur in a single view of the transaction disclosed by the evidence. Rather, where the proof of either [theory] beyond a reasonable doubt constitutes the same offense, the inquiry turns on whether the interpretations are supported by the evidence.”) (internal citations and quotation marks omitted).
¶111. Paulley and Gunn each complain about the prosecutor stating to the jury that intentional murder only required proof of intent to shoot, not intent to kill. For intentional murder, KRS 507.020(l)(a) requires someone to act with “intent to cause the death of another person....” Moreover, the commentary to KRS 507.020 makes it clear that "KRS 507.020(l)(a) designates as murder a homicide that results from conduct of a person whose conscious objective is to cause another's death.” So it appears the prosecutor’s statement to the contrary was erroneous. The parties dispute whether this issue was properly preserved for review. But we need not determine whether that statement entitles either to relief for two reasons. First, the case is being remanded for other reasons; and we trust the Commonwealth’s statements on remand will be carefully tailored to follow the law. Second, Paulley states in his reply brief that ”[w]hile the prosecutor’s misleading argument on requisite proof of intent is important to an understanding of what knowledge the jury was armed with when it deliberated, it is not the error on which Mr. Paulley requests relief.” (emphasis added). Similarly, Gunn states in his reply brief he “is not arguing for a new trial based upon prosecutorial misconduct or improper closing argument.”
¶112.The parties disagree as to whether the jury was deliberating when it was released for the night — prior to the time the next day when the trial court ordered it to again deliberate to clarify the verdicts it had rendered. Sequestration is mandatory while a jury is deliberating guilt on a felony charge, RCr 9.66. But sequestration is not mandatory between the guilt and penalty phases of a trial. See, e.g., Bowling v. Commonwealth, 873 S.W.2d 175, 182 (Ky.1993) (“RCr 9.66 does not require that jurors be sequestered between the guilt and penalty phases of the trial. Sequestration is required only after a felony case has been submitted to a jury for its verdict.”). We need not resolve whether sequestration was required under these highly peculiar facts because neither Gunn nor Paulley has demonstrated any concrete prejudice from the lack of sequestration, and their convictions are being vacated and remanded on other grounds.
¶113. McGinnis v. Wine, 959 S.W.2d 437, 439 (Ky.1998).
¶114. See, e.g., United States v. Howard, 507 F.2d 559, 561-63 (8th Cir.1974) (finding jury’s verdicts of guilt on lesser-included offenses to be surplusage and refusing to order that defendant be sentenced on only lesser-included offenses instead of principal offenses); McGinnis, 959 S.W.2d at 439 (finding jury's *728improper finding of not guilty on lesser-included offenses to be surplusage for which retrial was not barred and opining that asking jury to again deliberate in order to return a proper verdict "may have been the better course....").
¶115. Humphrey v. Commonwealth, 836 S.W.2d 865, 868 (Ky.1992).
¶116. See, e.g., Davis v. Commonwealth, 967 S.W.2d 574, 581 (Ky.1998) ("Even if the defendants attempt to cast blame on each other, severance is not required.”); Ware v. Commonwealth, 537 S.W.2d 174, 177 (Ky.1976) ("neither antagonistic defenses nor the fact that the evidence for or against one defendant incriminates the other amounts, by itself, to unfair prejudice.”).
¶117. Ware, 537 S.W.2d at 177.
¶118. Humphrey, 836 S.W.2d at 868.
¶119.On remand, of course, the parties may again ask the trial court for separate trials. Our holding in these appeals should not be construed as a mandate that Gunn and Paul-ley must be jointly tried upon remand; that decision must be made by the trial court after consideration of any arguments made for, or against, a joint trial by Gunn, Paulley, and the Commonwealth. Instead, our holding is only that neither Gunn nor Paulley is entitled to relief by virtue of having already been tried together.
¶120. See, e.g., Walker v. Commonwealth, 288 S.W.3d 729, 739 (Ky.2009) ("A fundamental rule in the law of evidence is that hearsay evidence is inadmissible evidence. However, hearsay evidence may be admissible if it meets one of our well established exceptions.'') (internal quotation marks omitted).
¶121. 410 U.S. 284, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973).
¶122. Dillard v. Commonwealth, 995 S.W.2d 366, 372 (Ky.1999) (citations and quotation marks omitted).
¶123. Chambers, 410 U.S. at 302, 93 S.Ct. 1038.
¶124. See Kentucky Rules of Evidence (KRE) 801A(b)(l) ("A statement is not excluded by the hearsay rule, even though the declarant is available as a witness, if the statement is offered against a party and is ... [t]he party’s own statement....”).
¶125.Walker, 288 S.W.3d at 740 (emphasis and internal footnote omitted).