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Arguably these are different amounts of bad even before considering this: We generally consider existing preferable to non-existence to some extent when suffering isnt taken into account, consider that if you murder someone quickly and painlessly in their sleep without waking them, they dont really themselves suffer from it, but people will still find you to be a murderer, and would object to the idea that you might do it to them. In the top example, killing the people actually kills them, but in the lower example, it arguably doesnt, because the experiences of the people involved never actually cease, therefore, the lower path seems to me to be preferable because you supposedly get equivalent amounts of "suffering", but different amounts of time that people spend in non-existence.
Morally speaking people could argue that torturing immortal people is worse.
However legally speaking to you don't kill them and therefore the immortals are preferred.
No murder charge, just infinite attempted murder charges
Though I do wonder whether a sufficiently good lawyer could argue that it's not attempted murder if you knew they were immortal
That would mean you did it on purpose. But you didn't power the trolley. You "accidentally" flipped the switch... And left. Since you can't do more.