Why was the officer who reloaded his gun only chargedwith Manslaughter and NOT murder?

I have posted the NY Penal Code Definitions below.
 125.25 Murder in the second degree. A person is guiltyof murder in the second degreewhen: 1. With intent tocause the death of another person, he causes the deathof such person or of a third person; except that in anyprosecution under this subdivision, it is an affirmativedefense that:


Photos are from a Sean Bell protest inUnion Sq, Sat, March 17th.
125.20 Manslaughter in the first degree.A person is guilty of manslaughter in the firstdegree when:1. With intent to cause serious physicalinjury to anotherperson, he causes the death of suchperson or of a third person; or
 
125.15 Manslaughter in the second degree.A person is guilty of manslaughter in the second degreewhen: 1. He recklessly causes the death of another person;



 
125.10 Criminally negligent homicide. A person is guilty ofcriminally negligent homicide when, with criminal negligence,he causes the death of another person. Criminallynegligent homicide is a class E felony.



Michael Oliver, 35, is the officer that fired his
pistol 31 times. He is the one that reloaded.
Does reloading constitute an intent to kill?  
I.Think.So.
However, I couldn't prove it beyond a
reasonable doubt.
Therefore, I, as the prosecutor, would go
for Man 2 as well. I have found some interesting
deadly force links.
White people, popo and Diallo.
Ed Gordon on deadly force.  
The Washington post on deadly force.  
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Reloading Constitutes an Intent to Kill.
DISCLAIMER::The popo photo above was included
sheerly for irony purposes.
Not for the purposes of encouraging violence against popo.
I took for photo at the Lafayette station C train stop last week.
For the record, I found the ad as pictured.

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Tags: Intent to Kill, Police, Sean Bell