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After running Darkest Vengeance a discussion came up and was looking for other inputs into this.
During the final fight with Zoathrias (dark stalker) the PC's discovered they had no way of countering the deeper darkness and facing a creature that can see in it. Thinking they were doomed they tried to retreat back to the boats.
Here is where the question later came up. The scenario states that in his combat gear Zoathrias has an elemental gem (earth), So I used it to prevent the PC's escape and ability to regroup. This led to one death and a couple of unconscious PCs before they Zoathrias.
The debate was, would and/or can he use it. My thinking was it is in his gear why wouldn't he use it. The argument was it in mentioned no where in his tactics that he would use it so he can't.
Just wondering what everyone's opinion on this is.

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It's only a killer scenario when the tactics aren't followed.
"Zoathrias is a hit-and-run fighter. He tries to keep hidden and in darkness, to catch opponents flat-footed. Whenever he isn’t threatened, he reapplies poison to his blade."
Ta-daa. Unless the PC's can somehow threaten him in the darkness, Zoathrias takes a standard action to apply poison after delivering each dose. And he's got 6 freaking doses. It's essentially a puzzle combat where you are fighting against time to get the apparatus running before the boss is no longer nerfed by his own tactics section. :D
When I ran it he didn't even get his darkness mojo on because Perception +8 just didn't do it when all the penalties were accounted for.