What about the guy in the red sweater at the food court in the episode where Jane shoots the guy he believes is Red John. If you look up a clip of that scene you will see him seated in a table right beside the man believed to be Red John. He is in perfect vision of Jane in this scene and when 'fake Red John' answers his phone to Lisbon you can see him look up as if listening instead of continuing to read his newspaper.When Jane stands up to confront 'fake Red John' the man in the red sweater gets up and leaves but a few seconds later we see him walk past in the background when Jane and 'fake Red John' are speaking. So he has not left the food court but is in viewing distance of the shooting that's about to happen.Maybe it's just me but it's worth considering.