Except you can get third degree murder charges to stick for what he did (driving drunk at high speeds), it does happen. Was probably more likely if he’d chosen a jury trial bc of how sympathetic the jury would be. A bench trial was probably a strategic move on the part of the defense as the judge is more likely to stick to the letter of the law vs sympathy. It was a reach of a charge but it was possible, I wouldn’t say the judge tossed the charges, I also wouldn’t say the prosecution was incompetent.

There should be an involuntary manslaughter charge for unborn children. There’s a voluntary manslaughter charge. Seems like a bad oversight. There should be a slam dunk charge just like there is for born people.