Prosecutor should have gone for 2nd degree murder...he may have walked, but he essentially walked anyway.
http://criminal.findlaw.com/crimes/a-z/murder_second_degree.html
Here in Johnson City (TN) we have a high profile case of a kid charged with 2nd degree for crashing into a vehicle drag racing and killing one and badly burning another. The prosecutors have caught a little flak for that, but I bet a dollar they get a conviction
What is with all the vengeful anger on FR against this guy? He did a reckless, stupid thing and it killed his coworker. It's not like he's running around the streets with a sawed-off defibrillator looking for his next victim.
http://criminal.findlaw.com/crimes/a-z/manslaughter_involuntary.html
If vehicular homicides resulting from DUIs are charged as involuntary manslaughter -- which they typically are -- then this case clearly should be as well.