>> does that mean -- and right below it is man slaughter, which indicates the prosecutor is living with the possibility that a jury might look at that and say no, we're not going to convict him of second degree, but we will convict him of involuntary man slaughter, the lesser included charge as they say right below it. what does that mean, the second degree version of it? does that mean that the driver -- this is the driver of the van who is charged with that. does that mean when he was driving the van, he had to drive it with the intent of injuring the passenger? >> well, injuring the passenger to the extent that he would have known that the reasonable person driving like that, that the passenger could die. and so that's why it's so difficult. the involuntary man slaughter would mean that the death was an accident, but the accident was a result of negligence to act. in this case, the negligent act could have been one of two things. one, not getting the medical help, but more likely would be