What's interesting is that, for a civilian, failure to preserve evidence could be somewhat rationalized.
For an instructor, that goes away as providing details to liability provider and parent training org is required.
For an instructor who is also law enforcement and on the dive team (which should have their own strict accident documentation training), it would be reasonable to view as intentional and therefore criminal.
You are correct. Sorry, my wording was confusing and I meant more of a general public defense of whatever reputation he may still have to show that the civil suit was frivolous. It's the argument that Hegseth made during confirmation. "Hey I was cleared of any wrongdoing and I only settled to make it easier on my family". Publicly equating "declining to prosecute" with "cleared of wrongdoing".
Then he transfers to his local PD or the next county over and becomes a PADI instructor.