The witness gave the information to the police about the silver BMW, the person probably didn't know his BMWs and just threw out 200-300 series and 2004-2007 model, since the e46 and e90 platforms are different and they are within the range of those years. I'm guessing it could have been a 3 series.

I had a lot of thought thinking what kind of car he was racing, I know he wouldn't just race anybody, especially not some regular 3-series car, I would have to say at the least, some sort of ///M version like the M3, M5, M6 etc.

It's very unfortunate for this to happen and you really don't realize how serious it is until you know someone that was involved. Just becareful out there guys, I don't want to see any of you on the news like David.