It had already been pointed out to me that the airborne soldier was the judge. I did miss that when reading post #1.
You know, I am guessing Serna actually fought his rescuer for the air pocket and won................
According to the Army, Treber determined the air pocket would not be sufficient for both soldiers. He left it for Serna to breath from and went to search for another pocket. He did not find one, and returned to Serna.
"Once he reemerged we attempted to open the door and hatches with no success," Serna said in his statement.
At that point, Serna blacked out. Treber, Sgt. Shawn Simmons, and Sgt. 1st Class Jeffrey Rada Morales all drowned."