I know that. I know the law more than well enough for the purposes of this conversation.

You started by asking how I knew that Penny killed Neely by accident. I explained my reasons for thinking that. At no point did I say that it wasn't a criminal act.

In fact, right there in the article, I say that Penny's actions were criminally excessive. But that doesn't mean that the killing wasn't an accident. Again, almost all accidents are caused by negligence to some degree.