Well, since the other vessel operator was charged I'll take a wild guess that they are not dead. It makes jurisdiction problematic. I did not see anything about a 'permit operation' charge.I'm surprised the other boat driver was not charged with the same Careless operation.
Do we know if the other driver was killed, or was is passengers?
I don't know what the basis is for either charge is and little further will likely be released until trial. I though I read one account which said that the other (non O'Leary) vessel was not underway, but am not certain. If so, that might have factored into the decision since that would make the O'Leary vessel the give-way vessel. Being 'not undeway' still has navigation light requirements unless you at a charted anchorage.
Never fear, Eddie Greenspan will be on the case.