I READ ABOUT A MAN IN A WHEELCHAIR BEING HIT WITH A CAR WHILE CROSSING THE STREET AND DIED.
IF THE DRIVER SAW THE MAN IN THE STREET AND IN THEIR PATH AND DID NOT USE THE BRAKES TO AVOID HITTING THE MAN IN THE WHEELCHAIR THEN I CONCLUDE THAT THE DRIVER INTENTIONALLY KILLED THE MAN IN THE WHEELCHAIR.
IF THE DRIVER KILLED THE MAN WITH NO GOOD REASON THEN HOW CAN THAT NOT BE CONSIDERED MURDER?
First of all, turn off your caps lock please..... stop "shouting" at everyone. =_) Thank you.
Murder, in most jurisdictions, requires the proof of intent. Usually premeditation (planning) has to be shown in court for a murder charge to be brought.
In your "case" even without skid marks, no witnesses to claim the lack of break squeal, etc would not be enough proof of intent to kill the victim. Driver could simply claim there was no time to stop, didnt see him in time, etc. This could still be criminal if the driver was impaired, distracted, etc. It would be negligent homicide, but not murder.
Now on the other hand - if driver had a known beef with the victim, talked about "getting him" to people for weeks before, stalked the victim to know he crossed that street at that time every day after work, was seen waited around before the victim appeared, never seen or heard breaking, or sounded like he accelerated as he hit the guy and then sped off while yelling DIE YOU SCUM.... if all of that could be proven in court - then THAT might rise to the level of a murder charge.