It would go to court if the victim were a young white woman, or an older white woman with money, and the perpetrator were not one of those. A white male victim might have a chance at "justice" if the driver were a minority. A drunk driver would be more likely, but by no means certain, to be charged with anything more than drunk driving. The victim in this case was 49, has been described as homeless (I automatically discount this detail in reporting on pedestrian fatalities), and she had a bicycle. Not the sort of person who inspires prosecutors to inconvenience upstanding taxpayers.