I hope the cops win. Autopilot allows for a driver to completely disengage their attention from the car in a way that's not possible with just cruise control.
There's no way you can drop a human in a life threatening critical situation with 2.5 seconds to make a decision and expect them to make reasonable decisions. Even stone cold sober, that's a lot to ask of a person when the car makes a critical mistake like this.
On cruise, the driver would still have to be aware that they were driving. With auto pilot, the driver had likely passed out and the car carried on it merry way.