How did this guy not get indicted?
I can only think of 1 logical way. If - NY does not allow grand juries to choose which charges to indict upon. They can only decide on the charges that the prosecutor has asked for. And - if - the prosecutor only brought murder 1 or murder 2 charges. Then, maybe, I can get it. This would definitely be manslaughter, if not outright murder.
How is this any different than if an off-duty cop is out driving his police cruiser with his lights on going 100mph and runs over someone. He's outside of police protocol, and his actions directly caused someone's death.