Perhaps, but this is not the case to do that with.

There is nothing unusual about the timelines of this case, especially with covid. The "victims" were on a lake, on the night of a new moon, with all their lights turned off to stargaze. This is not a cut and dry case. There is merit to the O'Leary's counterclaims.

We need to remember that everyone is human. Two boats collided. One perspective is that two people were killed by a boat going too fast and operated by someone that may have had a drink. Two friends/family members are dead and are never coming back.

The other perspective is that a boat was stopped in the middle of a waterway, on the night if a new moon, with no lights on. They struck that boat and now someone has to live with having killed two people due to negligence outside their control.