Trial goes to the jury

I'm both angry and scared.  Angry that this jerk blatantly destroyed 4 lives. Scared that there is a potential that the jury will let this guy go to probably repeat history and kill someone else

Prosecutors decided to charge Gallo with second-degree murder – not the lesser related charge of manslaughter. The jury does not have the option of convicting on manslaughter. If Gallo is acquitted, he would go free because he cannot be tried twice for the same offense.

Prosecutors say they charged the case as a murder because Gallo had a previous DUI conviction, had specific knowledge of the dangers of drinking and driving from his own experience and signed a court form from the earlier case saying he understood he could be charged with murder if he drove drunk again and killed someone.

Legal eagles, explain this one to me:

Also Friday, the judge will hear evidence on a seventh count, driving on a suspended license, while the jury deliberates. Gallo previously waived his right to a jury trial on that count and asked that it be separated from the other charges.

How can he pick and choose what charges he wants to go to jury? Is the Prosecution allowed to use this count as part of the jury trial?

I sure hope this jury has more common sense and intelligence than bleeding heart syndrome.