The murder charge brought against Mr. Heidgen, murder in the second degree by depraved indifference, carries the same penalties as intentional murder -- a minimum of 15 years and a maximum of 25 years to life -- and has been the subject of several appellate court decisions in the last two years. Though the case law is still evolving, the drift of the appellate rulings has been toward increasing the burden of proof for a sustainable conviction.

Whereas "depraved indifference" was previously considered a self-evident set of circumstances, it is now understood as a state of mind that must be established with evidence. In his instructions to the jury in this case, Acting Justice Alan R. Honorof of State Supreme Court described that state of mind as one in which a person "engages in conduct which creates a grave and unjustifiable risk that another person's death will occur, and when he or she is aware of and consciously disregards that risk."

The video of the crash, taken by the limosine's video, has been on CNN.com in the past two weeks after it was introduced at trial.

Does this signal a new willingness of prosecutors to try more aggravated these cases as second murder rather than manslaughter?  Or is it an aberration. It remains to be seen.