Yeah the fundamental problem with the murder charge is that not to do anything would be condemning two colleagues to oblivion, since they aren't dead.
This sums up my view.
Isn't it pretty much accepted as canon that mid-transport accidents result in the victim being held in a sort of stasis? We've seen more transporter mishaps in all the series than I care to count. The reaction of the crew is never "Whoops, lost another one. Oh well, fuck it, guess he's gone now. Nothing we can do about it at this point."
The crew works overtime to get their people back and they're usually successful. We've seen too many weird transporter accidents result (eventually) in happy endings to assume that in this one particular case, the victims should automatically be assumed dead.