Who can say he didn't? Have not once seen Depraved Indifference (or similar state manifestations) go to instructions when A knew B.
Wouldn't even be evidentiary, they could make the Judge take Notice of the pre-existing relationship, and instill him with the fear of turnover if he showed reluctance, right in the jury's face.
All day long and twice on Sunday. Punt this trial into 2021 and don't allow your client to plea to even so much as Man.