Wasn't the exact same but it does show he has a history of kicking his leg out after missing a conventional body check. That precedent can be used to show it wasn't just a freak accident that his leg came kicking out like that. Once you accept that he did in fact intend to kick his leg out into Johnson, then you're in the territory of involuntary manslaughter.
But you still aren't. I'm going to keep posting this because it's entirely relevant for what counts as "manslaughter":
"The breach of duty must be so bad as to be gross, i.e. criminal. This was defined in Adomako [1994] 3 All ER 79 as follows: having regard to the risk of death involved, was the conduct of the defendant so bad in all the circumstances as to amount to a criminal act or omission? The prosecution must prove the following two elements:
a) that the circumstances were such that a reasonably prudent person in the defendant's position would have foreseen a serious and obvious risk of death arising from the defendant's act or omission;
b) that the breach of duty was, in all the circumstances, so reprehensible and fell so far below the standards to be expected of a person in the defendant's position with his qualifications, experience and responsibilities that it amounted to a crime."
The prosecutors need to prove both of these to be without a doubt true for him to be found guilty. I fundamentally do not see how these actions meet these requirements, even if you somehow assume that he had a history of sticking out his leg after missing a body check. There is no way a reasonably prudent person would expect that action to lead to a player's death.
