Totally an opinion on my part.
If the "sniper" had a "green light" (in other words option) then he should be held accountable for "his" decision, good or bad!
If however he was "on a leash" (needed a fire/no fire order) then the person at the top of the chain should be the one going to trial for accountability.
Any way it goes some poor slob gets his life ruined even, if found innocent.