Queens District Attorney Richard Brown said that because there is no evidence of "aggravating factors" such as speeding, the law bars him from seeking a harsher penalty.
Did the driver run a red light or stop sign? Was he driving recklessly? Did he run up on the curb? Did the little boy walk out in the street without looking?
It's hard to tell from the story, but if the little boy died because of his own carelessness, it doesn't matter whether the driver that hit him was drunk or not. Therefore, he should only be charged with DUI.
Your analysis is reasonable, but just picture yourself telling that to his mom.
DUI is driving recklessly.
http://www.angelfire.com/ny4/expwy/qb/
I've been through Queens, but not around this area. That same area where he got killed is called the Boulevard of Death for a whole host of reasons.