Quite. We (rightly, in my opinion) do not have the death penalty for any crime in this country*, let alone for a relatively minor crime such as trespass and/or graffiti (with graffiti being pure speculation here).
Quite correct. What relevance this has I'm not entirely sure though. He made a conscious choice to risk his own safety and life by climbing on top of a wagon whilst committing a criminal act. As I've said before, he could have lost his life by falling off that wagon just as easily!
Coming back to Metroland's post, the use of the word 'unfortunate' implies he was just unlucky. I could use several words to describe him and unlucky isn't one of them! Reckless, stupid & idiotic are three that spring instantly to mind. Yes, his death was a needless waste but his fate was entirely of his own making and is almost worthy of a Darwin Award.