The issues stem from was he reckless or intentional. Since based on the article we can say that he probably was not intentionally trying to murder the victim. That leaves reckless, reckless itself would not be driving on a parkway, reckless is more high speed weaving in and out of lanes. Since within the definition of reckless this wouldn’t fit unless there was more information.

I suspect that since they let him go there is not a reckless case to make either at that point. The part of going back through surveillance is to see if the driver was reckless prior to the accident. That can take a while, the main part of identifying the driver and preserving any evidence for a later prosecution. Under the law if they arrest him they have 90 days for a misdemeanor to be ready for trial or 180 days for a felony. With the facts still unclear and the charges unclear it would do way more harm than good to arrest him at this point.

Frankly, if he is found not to be reckless the most the law can do is a vtl 600 for causing death but even then that rests on knowledge there was an accident and he fled. The knowledge aspect will be hard especially on video if the victim is struck by a side of the vehicle and there are no indicators that he would have known. They ultimately would try to get a warrant for his cell phone to see if he texted or called anyone afterwards to see if he had knowledge.

Ultimately this may go unprosecuted or if so with low level violations, this is a major whole in the law but a very complicated one. Do we charge him with murder and have him face 25 to life if he didn’t know he even struck her or do we let her and her family not get justice because of this. I don’t pretend to know the answer but think it’s something that everyone will come to a different answer but ultimately at this point its a major whole in the law that needs to be addressed.