From what I remember of the save DCs BH was tossing out, I don't think he's PL 10. Besides, that would put him on the level with his boss, and you can't have that.
Also, BH was able to move from the first story to the second story in a few seconds, suggesting some kind of transportation power. Furthermore, BH does not, by any means, seem to have a vast wealth of feats: no Rapid Shot, no Point Blank shot, no Surprise Strike, apparently no Blindsight, all feats I would take if I had his powers. This suggests he probably has some other nifty powers hidden away. You know, this gives me an idea for a really kickin' character...Selective Obscure, Area+Selective Energy Blast combined with SS and BS...
Maybe I could revise Entropy to give him Obscure. Just what he needed, more cheese.
In my experience, brute force and raw power beats out any kind of tricky maneuvering. I've already cooked up two ways to introduce Strength to the coffin-maker, but we're trying to avoid fatalities and plus, James certainly wouldn't like one of them.
Legacy's problem is not that the enemy is significantly outsmarting us, but we're acting stupid.