Defendant became intoxicated at a bar. He got into his car and drove away. Within a few blocks, craving another drink, he stopped his car in the middle of the street, picked up a brick, and broke the display window of a liquor store. As he was reaching for a bottle, the night watchman arrived. Startled, Defendant turned and struck the watchman on the head with the bottle, killing him. Only vaguely aware of what was happening, Defendant returned to his car, consumed more liquor, and then drove off at a high speed. He ran a red light and struck and killed a pedestrian who was crossing the street. Relevant statutes define burglary to include "breaking and entering a building not used as a dwelling with the intent to commit a crime therein." Manslaughter is defined as the "killing of a human being in a criminally reckless manner." Criminal recklessness is "consciously disregarding a substantial and unjustifiable risk resulting from the actor's conduct." Murder is defined as "the premeditated and intentional killing of another or the killing of another in the commission of committing rape, robbery, burglary, or arson." Another statute provides that intoxication is not a defense to crime unless it negates an element of the offense. Defendant was charged with the murder of the watchman and manslaughter in the death of the pedestrian. Assume that he is tried separately on each charge "At Defendant's trial on the charge of manslaughter in the death of the pedestrian, his best argument would be that
he was too intoxicated to realize that he was creating a substantial and unjustifiable risk in the manner in which he was operating his car. when he got into the car, his acts were not voluntary because he was too intoxicated to know where he was or what he was doing.  the pedestrian was contributorily negligent in failing to see Defendant's car approaching. he was too intoxicated to form any intent to voluntarily operate the automobil