Does it really matter if the pedestrian Donte Stallworth killed wasn't in the crosswalk?

One could possibly make the argument that the guy jumped right out in front of the car, but Stallworth's story doesn't say that. And I understand that jaywalking is against the law. The issue, though, is that Stallworth was legally drunk and hit/killed someone. And common sense tells you that if you see someone walking in the street, you slow down or stop. But I guess his judgement was impaired because he was DRUNK.