[JCEccles]

Former prosecutor here. The prosecution would have prove each element beyond a reasonable doubt. This case would go nowhere, might even result in a directed verdict of acquittal.

In any event a jury would only be 20 minutes before returning an acquittal. Ain't happening, jack.

[P-Marlowe]

In any event a jury would only be 20 minutes before returning an acquittal. Ain't happening, jack.

Depends on the jury.

Texas Penal Code Sec. 19.05. CRIMINALLY NEGLIGENT HOMICIDE. (a) A person commits an offense if he causes the death of an individual by criminal negligence.
~ (b) An offense under this section is a state jail felony.

After reviewing the Statute you are probably right. Under the Texas Penal Code the negligence must be "criminal negligence", which I suspect must include the breaking of a law, such as speeding, drunk driving, fighting.

So in this case there is virtually no chance he will be charged.

As I often say, I've been wrong before. Here's an example.