While this is no way condoning drinking and driving, it does not take a genius to realize that it was entirely possible that the "victim" could have been the "cause". Donte, who I'm no fan of, may simply had been driving in an area at the wrong time. It's very possible that nothing he could have done would have avoided the tragic event. Sure he shouldn't have been driving, but this isn't as simple as "drinking - guilty" although for many it very well may be.
Further, Donte didn't flee the scene, he cooperated with the police, and showed quite more character than a local beloved "beast" who has shown much less.
Drunks are a serious problem, but cell phone use has actually been shown in recent studies to be even more so.
But hey, a few drinks, he must be at fault.