+1 with Zen.

Excuse me! a misdomeanor for killing a person. An accident? This was an act of wanton disregard of basic safety. No different than 100+MPH driving. Neither driver can react fast enough for the road condition ahead of them. one painting the nail will not react since her attention and focus was on the nail not the road. 100MPH driver maybe focused on the road but not far enough ahead... Same thing.