He did not inrend to kill.
There are many instances where people who have no intention of killing are charged in the death of someone.
It's NY so he'll only get involuntary manslaughter at best. But he's white and the stiff is black, so there will be riots and he will be charged with "white supremecist fueled hate murder in the infinite degree" and he'll be hanged, shot, and electrocuted simultaneously 15 times each, for each minute, just because...