[ComfortEagle]

There is an old Latin term used in the law that is called “mens rea.” Mens rea means “guilty mind” and is a concept present in most criminal laws that distinguishes between an accidental event and an intentional act, even if they both result in the same harm caused to someone’s life, person or property.

For example, a defendant who is on trial for murder must be shown to have not only caused the death of another, but also shown to have intended to commit an unlawful act.

Recklessness is also a mens rea. For example, if a defendant was driving at high speeds through a residential neighborhood and a death occurs as a result, that criminal recklessness is sufficient recklessness for a charge of manslaughter.

IMO, your situation above would be considered manslaughter. Even though he did not intend to cause harm to the person who died, his reckless actions are enough to find him guilty of manslaughter.