This tragedy was first and and foremost an accident, so in my humble opinion it is highly unlikely to go to criminal court.
Honest question:
Does characterizing an unhappy event as an accident have the affect of insulating the person at the center from criminal prosecution? I have no doubt that the pilot had no intention of inflicting any injury or damage whatever, but did he do enough to prevent such an occurrence (I don't know, I'm just posing the question). If I stray across the highway centerline and cause an accident, could I be guilty of a criminal offense? Or was it just an accident?