Observation...
It seems a bit coincidental that all those properly seated and restrained survived the crash and swam to safety but the one person who was not seated and restrained - indeed was "sat in the rear with the gear" did not.
Did he suffer injuries during the accident that contibuted to his subsequent drowning that he might not have otherwise suffered if he had been properly seated and restrained
If this was a contributing factor to the guys death then the pilot is moraly as well as criminaly responsible! Simple as that.
The other overwhelming factor is... He's in aircraft taking off and landing on water... Why the hell was he not wearing a life-jacket? Could have saved his life and might have saved the pilots career.
Really sad