I thought the guy IS dead in the movie version, this is later era DCAU, where death was an option.
The Joker Luthor exchange in the back of the car
Joker - I can kill Superman for you. Lex - Why should I believe you? From what I understand you can't even kill one mere mortal in Gotham. Joker (instantly almost foaming at the mouth) - There's NOTHING mere about THAT mortal"
And Joker's little dance around the dying Superman is wonderfully creepy.