Accelerating through an active train crossing is the same as running a stop sign or red light. The driver's illegal actions (in addition to being drunk) were the direct cause of this murder. Yes, it was murder, and I suspect that the only reason the DA did not press more serious charges is because the victim was a cyclist.
You'd think that by now, we would be used to being treated as second class citizens in this country. But I'm still not ready to accept this fact.