I can see it from both sides really, he didn't force him to race or to crash etc so you have to ask if it was his fault.

BUT, it takes two (or more) to race, and if the guy in the Subaru didn't race him then he wouldn't have crashed and died. If you take the race out of the equation then the other guy would still be alive and so there must be some blame.

Also, in a lot of crashes when racing (that I have seen anyway) the crash is caused by actions from both drivers. (E.g. one changes lanes to overtake another car and so the other has to brake and looses control etc)

It is a tricky situation that I would hate to be in, knowing that I have perhaps been guilty of racing on public roads in the past