For there to be felony charges, prosecutors say they would have to prove that Officer Dave was consciously disregarding safety. They did have enough evidence to prove that in this case.
Dude was going 74 in a 25 while not using the sirens his vehicle was equipped with for this very purpose and killed a pedestrian in a marked crosswalk. Sounds like a fucking conscious disregard if ever I've heard one. If this guy were a civilian he'd be serving at least one life sentence for second degree murder already. A disgusting miscarriage of justice.