Isn’t that like saying that if someone burns down an abandoned building and accidentally kills the squatters living inside that they shouldn’t be prosecuted for man slaughter as well as arson?
We're going down a rabbit hole away from the main topic, but "depraved indifference" can lead to murder charges in some states. And burning down a building without checking if anybody's inside would definitely be depraved indifference.
Prosecuting them for man slaughter and arson and everything else what applies would be perfectly fine.