Neither pilot reported having had an accident, incident or violation, neither had any ongoing medical conditions, and neither said he was tired, the report said.

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"I can't recall in 20 years of investigating accidents any pilot being held criminally responsible for an accident, " said Jeff Edwards, an investigator who worked for the defense team.

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Photos show the pilot is not visible in the canopy just two seconds into the accident sequence and is seen bent forward and leaning to the right in a later photo, Hersman said, indicating he lost consciousness early in the mishap.

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In a Transportation Safety Board of Canada accident report, investigators said the intoxicated passenger most likely "kicked the pilot's seatback forward and held it there" until the plane hit the water.

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