not drake, because he said he felt bad from that guy and i dont think he would refer to himself as 'that'
not luffy, because why would drake join sides with luffy if luffy was about to die
so that leaves zoro, sanji and law
i think Law is the one with 1% survival chance
probably they didnt try to kill him, but I guess it was stated that captured by Navy not by yonkou. even if he was captured by yonkou, bigmom wouldnt kill him, wb wouldnt and also shanks wouldnt so, it explains it