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Some talking points for the aggressive option:
- Criminal negligence involves doing something that a reasonable person wouldn't do. There were four enclave soldiers, and they all went with the Arroyo Savage.
- Is the Arroyo Savage a psyker? He seems to know what everyone is going to do and can convince people to do crazy things. (tis a silly point, almost like he's lived it all before).
Special Agent Horrigan was mutated by the FEV. Though loyal to the United States of America, the FEV also made him highly aggressive and of reduced intellect.
Is it murder to kill a FEV mutant, even if they are loyal to the USA? If so, why not conscript the mutants to our cause? If not, then it wasn't murder.
By all accounts, the self destruct sequence didn't happen until after the Arroyo Savage attacked Special Agent Horrigan, so Granite could not have contributed to the death of the savage by delaying him, nor did he know at the time that the whole Rig would be destroyed, so not manslaughter. Better to live and serve America another day than die pointlessly.
By the testimony, this was essentially a fight between two super-powers, the Savage and Special Agent Horrigan, and the other parties did not affect the outcome, so Granite could not have prevented any of those deaths. His was only a moral failing, not a failure of action or duty.
Pleading the 5th doesn't help anyone. It's no different than if Granite pled guilty, as he's going to be pegged anyway.