Criminal homicide constitutes murder if:
       (a)    the actor intentionally or knowingly causes the death of another;
       (b)    intending to cause serious bodily injury to another, the actor commits an act clearly dangerous to human life that causes the death of another;
       (c)    acting under circumstances evidencing a depraved indifference to human life, the actor engages in conduct which creates a grave risk of death to another and thereby causes the death of another;
      

Negligent homicide   

(1)   Criminal homicide constitutes negligent homicide if the actor, acting with criminal negligence, causes the death of another.

So one can see that this prosecution is clearly unfounded.