“But if not, it will depend on the DA”
Unless there are witnesses, none are mentioned” there will be only one story, so it will, as Mac Taylor states” depend on the evidence. For all we know he may have fallen trying to force his wall into the cab of the truck... didn’t know she had to PROVE anything.
The default is that she should have known that he could have been killed and should have stopped. Fear for her life overrules that. We are assuming she was fleeing. But we really don’t know. This runs the gamut of “She was having a tantrum” to “She was running for her life” to “They were drunk and playing around”.
The law is weird. You cannot torture someone UNLESS they want it. It’s a matter of picking apart the facts.