Sorry, but they really do have a choice. They could choose to face those capital charges, and risk dying without killing others first. They could choose to attempt to surrender or desert, and risk being killed without causing harm to others. They could choose to turn their guns on their conscription officer, or other commanders (as some have done) and likely die while fighting to protect others.

They made a choice to risk their life in an attempt to kill innocents. They could have chosen to risk it while protecting them.