Well, as long as it wasn't intentional, he should be found "not guilty", right? Oh wait, that rule only applies in San Francisco. And only to non-citizens with a 2nd grade education.
No, that rule is quite stringent, in addition you must have multiple (more than three) felony convictions, you must have been deported from the US for illegal entry, five or more times and returned, you must have lied to police in the course of their investigations multiple times, and you must have a dozen or more misdemeanor incidents of disturbing the peace and disorderly conduct.