A driver was speeding through a residential neighborhood at nearly twice the posted speed limit while distracted by texting on their phone. The driver struck and killed a pedestrian who was crossing the street at a crosswalk. The posted speed limit and clear markings for the crosswalk were visible. What is the most appropriate criminal charge for the driver based on this behavior?
The driver’s conduct shows a gross deviation from the standard of care a reasonable person would exhibit. Texting while speeding in a residential area creates an extreme risk to others. This behavior demonstrates criminal negligence rising to the level of recklessness, as it involves a conscious disregard of substantial and unjustifiable risk resulting in a death. Voluntary manslaughter would not apply here, as it requires provoked, intentional killing. Similarly, misdemeanor manslaughter applies only in cases where the death occurs during the commission of a lesser criminal offense; there is no indication a misdemeanor was involved here. The facts show reckless conduct leading to an unintended killing, aligning most closely with involuntary manslaughter.
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