Comment by toast0

The report indicates the cut off switches were found, and were in the RUN position. However, the report does not indicate if the locking mechanism was functional; given the thermal damage, it might not be possible to determine.

I'm also interested in the earlier switch defects where the switches were installed with the locking mechanism disengaged on some 737s and inspection was advised for 787, but the incident aircraft was not inspected.

The airworthiness directive for that [1] indicates switches with locking disengaged should be replaced, but I wonder if it's possible to reingage the locking somehow, which could result in a situation where the locking wasn't engaged, the switches changed inadverdently and then when restored the run position the lock was engaged... that's a big reach, of course.

All that said, assuming the switch was working as designed, there's a semantic argument around deliberate and intentional. If the switch requires specific action, it's fair to call it deliberate action; but if the switcher thought they were activating a different switch, it's not murder.

Either way, there's no sense rushing to a conclusion of murder. Assuming one of the pilots activated the switch, they have already died and they are beyond the effects of human judgement; so we may as well wait for further information.

[1] https://ad.easa.europa.eu/blob/NM-18-33.pdf/SIB_NM-18-33_1