Except it's not up to you to decide which of these two will die, both lives are equal and you must perform action to kill the littering guy, if you do nothing someone will die anyway, it just won't be the littering guy.
Heck yeah it's my decision! I don't want to live in a world where decisions are made like this, but in this case we must accept our role as the lever puller. Or walk away I guess, but that's no different from actively condemning the litterless person.