At the precinct, defendant admitted that he stole the minivan, exceeded the speed limit, and swerved into oncoming traffic as he fled the police. In explaining his driving, defendant said he tried to avoid hitting cars and pedestrians, and that he did not know the neighborhood well and drove down the one-way streets by mistake. Defendant said he was lost when he ended up on Manhattan Avenue, and that he was avoiding cars as he evaded the police. According to defendant, he was going against traffic and looking in his rearview mirror for the police immediately before he struck the victim. When he looked forward again, defendant said he saw the victim and that he thought he "hit the girl in the hand or something." When he saw more people and traffic two blocks later, defendant decided to crash into the parked car to avoid hurting anyone else. He also expressed remorse for his actions.
It's easy to make the argument that SWAT-ers do the opposite of what this person did and are in fact more culpable: they deliberately, competitively, and with care create circumstances optimized to put lives at risk. They don't just call the police; they call fake active shooting incidents to the police.
Read the case you just cited. It overturns a depraved indifference conviction and so goes deep into the details on this.
https://nyc.streetsblog.org/2014/07/23/new-yorks-top-court-e...
The level of culpability, not least the causal connection here is hundred fold weaker. Casual reading of the law rarely lines up with established case precedence.