OK, it could be that 10-year-olds don't know the difference between fiction and reality (at least, not all of them does; strong imagination and all). But that is why they need adult supervision. Not continuous, just a glance, maybe, every 5 minutes. Digging a hole deep enough to bury a 10-year old from head to chest would take some time, supposing they used "sandbox-equipment". So, where was this half-brother guy when this happened? Or the parents of the kid?
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