Reply #9: Yes, but that's what the law calls for...it's a misdemeanor.

[MercutioATC]

42-4-1402. Careless driving - penalty.
Statute text
(1) Any person who drives any motor vehicle, bicycle, or motorized bicycle in a careless and imprudent manner, without due regard for the width, grade, curves, corners, traffic, and use of the streets and highways and all other attendant circumstances, is guilty of careless driving. A person convicted of careless driving of a bicycle or motorized bicycle shall not be subject to the provisions of section 42-2-127.

(2) Any person who violates any provision of this section commits a class 2 misdemeanor traffic offense, but, if the person's actions are the proximate cause of bodily injury or death to another, such person commits a class 1 misdemeanor traffic offense.

They could possibly have charged him with:

18-3-106. Vehicular homicide.
Statute text
(1) (a) If a person operates or drives a motor vehicle in a reckless manner, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide.

(c) Vehicular homicide, in violation of paragraph (a) of this subsection (1), is a class 4 felony.


The difference is in the manner in which the vehicle is being operated. "Careless" is an easier standard to prove than "negligent". Prosecutors usually want to keep their conviction count up so they're re-elected.