>I mean, yeah, but that's a pretty thin distinction IMO. He
>looked at her, thought about saving her, then said fuck it and
>let her die. Not because he simply didn't care, either - it
>was because he DID care. He purposely chose to let her die
>because he wanted her to die. She knew who he was and she was
>trying to blackmail him or something (if memory serves). So
>I'd argue that his failure to act was purposeful and
>malicious, which is key. Does it add up to anything in a court
>of law? Probably not, but he definitely bears at least a
>chunk of the responsibility for her death. In his heart, he
>knows it, hence The Fly episode.

And I said all that above about the Fly episode, and how he knows he could have done something.

But choosing to let someone die and killing them is definitely a distinction-- I'd say a bit more than thin, IMO.