The question was CAN he be convicted, not WILL he be convicted.
Yes, he CAN be convicted given the specific fact pattern. It is possible that he can be. It is also possible that he won't be.
Had he asked if he WILL be convicted, then we'd have to find the crystal ball (does SJ still have it?), get that Magic 8 ball repaired, or find out where Madame Zuileka is taking her vacation (and why she's so long overdue coming back).