Quote:
Originally Posted by DeluxeMoustache
Burden of proof.
Establishing intent to kill at the moment would be required for 2nd degree. 3rd degree would be that he should have known that his acts could kill, but recklessly disregarded it.
I don’t expect that they could establish that the cop was truly intending in that moment to kill, but more likely could establish that he reasonably should have known the risk of kneeling on a guy’s neck for 8 minutes when that guy is telling him he can’t breathe
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Burden of proof etc, lies with the courts. The prosecutor can lay a charge against him if they believe that they can meet the evidentiary standard. Maybe this will change down the road and they charge him with 2nd degree murder. I hope that is the case.