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Ubiq -“bottom line if if those other factors did play a role (and they may have) if not for the unwarranted and illegal restraint Floyd would be alive”
I sure hope you Don’t practice medicine – the way You understand Law.
You put your emotions into it.
Here is the Law:
“The difference between third-degree murder and manslaughter often depends on the defendant’s state of mind at the time of the killing. In Minnesota, for example, someone can be convicted of manslaughter in the second degree if they knew they were unreasonably risking someone else’s life and took that chance. This is different from third-degree murder, where the person must act with a depraved mind and malice (wanton disregard for human life)”
You definitely can’t charge him on the 3rd degree. His mind was to arrest a perp.
On the Manslaughter charge, his defense will be – the PERP was resisting & his actions were consistent with Police Protocols at that time!