So take the act of what he was doing out of the equation and just say that he was doing something other then paying attention to driving the car. That would be reckless driving which is what that kid was charged with. Reckless driving falls within the bounds of the definition of Manslaughter and is up to the discretion of the DA to press the charge or file a lesser charge.

If I were living in Douglas County CO I'd be voting for another DA in the next election.