I think that the deceased shouting at the pilots had been reported earlier. He was alleged to have shouted "you are not going anywhere" to the pilot. Of course, it's debatable if either the pilot or the passenger heard him, as they would almost certainly be wearing helmets and headsets, plus the noise level would have been quite high.
It seems that the unfortunate victim simply didn't realise how much danger he was putting himself in.
The case may hinge on why the gyro turned, if this detail is correct. Certainly the pilot could have made a gentle turn and endangered the deceased (
AFAIK a gyro like this won't turn very quickly normally). Then again, with the 20 to 25kt wind that was blowing at the time I guess that it's equally possible that it may have weathercocked around faster than expected.
VP