A former minor league baseball pitcher was convicted of steroid use. As required by the terms of his parole, he was prohibited from ever playing baseball again in any form or fashion. One day, as the man is passing by a park, a group of people, knowing of his athletic prowess but not his criminal history, beg him to join their baseball game. He reluctantly agrees to play.

The score is tied and, as he is pitching to the best player on the opposing team, the minor league pitcher decides to throw his famous fastball. The other player, sensing a fastball, moves closer to the plate. The pitcher then throws the fastball and the ball hits the batter in the head, killing him instantly. The man is charged with murder.

How should the court rule?