However, criminal penalties for "pilot error" should not be sanctioned.
This is not a simple case of "pilot error". There enough evidence to convince the courts to proceed with the trial.
The burden on the court is to establish if the pilot knowingly operated the aircraft in a dangerous configuration.
If it is shown that he was aware of the operating regulations and knowingly operated the aircraft in spite of not conforming, he is probable guilty of negligence causing the death of one of the passengers.
He may even be liable for damage to the airplane and anything else he smashed with it.
This is not a campaign to litigate against "pilot error". Pilot error accidents are typically not the result of gross negligence or intentional rule breaking, but if they are, they litigation should be pursued.
This will make the industry safer and better. If you are a responsible pilot you really don't have to worry about it.
By the way, why don't some of you consider the family of people who are killed and injured by the negligent actions of pilots? What exactly are they supposed to do if they pilots are immune from prosecution?