This will be decided under the Trump justice department, so it will be handled differently.
If both were accidental and not gross incompence of some sort, then I’d prefer the one imprisoned be exonerated and compensated in some way.
Call before you dig?
The Colorado incident was gross negligence. A highly experience engineer fought for months to stop the dredging, but the arrogant EPA refused to delay to make the operation safer.
I believe I would like to see the joint and several liability laws to apply here, where the supervisors up the chain paid civil penalties to the injured parties, including the Navajos and the State of Colorado, up to and including net worth plus any accrued pensions.