[The charge may stick if the homeless man was mentally impaired.]
Could be. From the article:
“In the page description, Coner’s sister said Coner had a mental illness that had gotten progressively worse since his mother died in 2018. She added that he had been walking home from the hospital, “minding his own business,” when the deadly encounter happened.
“Larry’s mental illness worsened to a point he didn’t know when people meant him harm,” she wrote.”
Coner? Then Larry?
And how exactly is anyone to know who is mentally ill, on the street?