Just in case you’re confusing “empirical” with “objective” -
Evidence can either be empirical or theoretical. Empirical means based on what is experienced or seen rather than on theory - it can be subjective as well as objective.
In the situation you gave, would you ponder some theory of absolutes and make calculations, or would you just know it was wrong? If you just know it is wrong then it’s empirical, not theoretical, founded on your overwhelming compassion for the victim and total lack of empathy for the perp.
In less urgent or extreme situations you would probably take the time to make a more considered judgment based on your life experience and other evidence. If it’s very complicated and you’re a fan of some theory of ethics then you might use the theory to help decide, but I’d suggest it would never be a good idea to favor theories over people.