Further investigation reveals that the defendant was using a cell phone to text while driving. Telephone records and eyewitness testimonies corroborate this. In New York State, drivers are prohibited from using portable electronic devices while driving. Because of this, the defendant was in violation of New York Vehicle and Traffic Law Section 1192 (operating a vehicle while under the influence of drugs or alcohol, texting, or talking on the phone). By driving in a distracted way in violation of the law, the defendant had a mindset of recklessness and gross negligence. That is sufficient to satisfy criminal intent under mens rea and make the defendant liable to be charged for vehicular manslaughter. This viewpoint is enhanced by the fact that the defendant was speeding in adverse weather conditions, which in itself constitutes reckless driving.
Based on this new information, do you still believe the defendant should absolutely be charged with vehicular manslaughter because they killed a person?