 Scott Hills (2018) challenges (1). He argues that the cases are not properly equalised because Jones has the ability to either kill his cousin or to let him die, while Smith does not have the option to merely let his cousin die. Hills adds a third case in which the agent finds his cousin drowning and chooses to kill him rather than let him die. Hills argues that this behaviour is worse than both Jones’ letting die and Smith’s killing while lacking the option to let die. Hills argues that the best explanation for our intuitions about this third case is that killing is worse than letting die.