IMO the real issues here involve disputed facts and the specifics of California law with respect to felony murder. If the trier of fact makes certain factual findings in this case that are the most unfavorable to the defendant, then the felony murder rule may apply. It will be far easier to impose a felony conviction on the driver of the vehicle that actually struck and killed the child. The facts of this case seem to be hotly disputed. It will be interesting to see what happens in court. My main sympathies are with the family of the dead child, but I withold judgment until the case is tried.