Let's face it...Murder 2 is the highest charge she can and guarantee that there is a court case. If she filed Murder 1, then she would have had to go before a Grand Jury which may have very well refused charge him.
For the record, here is the statue:
(2) The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree and constitutes a felony of the first degree, punishable by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
I think they're going to have a hard time proving the "depraved mind regardless of human life" part of it, but we'll see.