It's entirely possible, and should be second nature for any CEO, to draft a statement that's both legally prudent AND shows a modicum of empathy. What they shouldn't do is try to throw their own role into question until the facts are on the table.
Try this:
"Everyone at Justin.tv is deeply shocked and saddened by this news. In the upcoming days, we will conduct a thorough investigation of the events surrounding this incident, and will cooperate fully with local police and federal authorities. Once all the facts have been gathered and analyzed, we will release an additional statement. Until that time, we will refrain from further comment, except to say that our thoughts and prayers are with Mr. Biggs's family and friends as they come to grips with a sudden, tragic loss."
Try this:
"Everyone at Justin.tv is deeply shocked and saddened by this news. In the upcoming days, we will conduct a thorough investigation of the events surrounding this incident, and will cooperate fully with local police and federal authorities. Once all the facts have been gathered and analyzed, we will release an additional statement. Until that time, we will refrain from further comment, except to say that our thoughts and prayers are with Mr. Biggs's family and friends as they come to grips with a sudden, tragic loss."