I agree that courts should stay out of prosecuting pilots for accidents. However, where is the line between accident, and gross negligence? I feel for the families.
To expand on what i was mentioning before, this particular accident is going to test the Just Culture concept specifically regarding where the line that you mention, is.
Now we know that Just Culture doesn’t apply in cases of commission of a crime, for example. And these guys weren’t hauling a load of cocaine from Puerto Rico, nor did they wake up that morning planning to crash their plane and kill unrelated people on the ground. it’s definitely an accident. However, the test for Just Culture will be in the details.
While an accident, the factors coming out and the egregious nature of them, resulting in deaths of persons on the ground, is a big difference. As i mentioned before, most pilots/crews who make egregious mistakes like these, don’t live to
tell the tale, or to have to face consequences.
Civilian examples that fit this:
Pinnacle 3701. Needless loss of jet, and the crew through their own actions. Luckily, no losses on the ground.
Colgan 3407 killed 49 onboard and one on the ground, but again, no crew alive to be held to account.
Comair 5191 killed 49, with the FO surviving. While several glaring errors were made by the crew, from not noticing the runway they were on, likely not cross checking the HSI for heading, and seeing the complete lack of runway lights on the shorter GA runway they had lined up with, but not questioning it or taking pause; the surviving injured FO could have been held to account, but as mentioned before, that wasn’t done. Had the Capt survived, that may have been different.
Military side,
1994 Fairchild B-52 crash. the pilot in question couldn’t be held to account; as he died, taking other senior officers on the flight to watch over him, with him.
1998 USMC EA-6B Italy incident, those guys faced court martial twice, for different charges. with the pilot doing prison time.
I surmise that since both of these guys survived to tell their tale; and what is coming out is so utterly bad and only gets worse and worse, that unless there’s some serious mitigating circumstances; that the murky and ambiguous line where Just Culture ends and a criminal act begins, is finally going to be drawn and defined.