When will two murder charges, or manslaughter, for the Helicopter police be charged

[The Velveteen Ocelot]

7. You are confusing criminal and civil liability - two very different things.

The mere fact that they had been monitoring the situation when the helicopter crashed isn't enough for criminal liability because the but-for test (proximate cause) applies only in civil cases. If the helicopter crashed because of a mechanical malfunction, any lawsuit would have to be against the mechanic who made a faulty repair or failed to discover a defect, or against the manufacturer of a defective part. The officers' families can't sue the state (their employer) because the sole remedy for the negligence of an employer is workers' compensation.

There is also the issue of governmental immunity. The nuances will depend on the laws and court precedents of the state, but in general, government entities are not liable for harm arising from discretionary acts - that is, decisions made by the government based on policy determinations. For example: If a city council decides not to put up a stoplight at a busy intersection because it's too expensive, the city can't be sued for that decision by someone who is injured because there was no stoplight. However, the city could be sued if they put up a stoplight and didn't maintain it adequately and someone was injured because it didn't work - that's what's called a ministerial act.

So, if a discretionary decision had been made that the officers should patrol the area, the city/state would be immune from suit.