"...which death of the victim was a distinct possibility."
Seemed to me a bit of a fluke that he died. I mean it was viscous and irresponsible and nasty shove, but I would not expect it to have been fatal. Not sure if it rises to what ever "distinct possibility" is here.
If I were a juror --- depending on relevant details of the evidence and testimony of course --- I'd be, shall we say, persuadable it was Second Degree Murder.
Her depraved indifference should be taken into account.