Quote:
Originally Posted by Crown Royal
It would be extremely easy to get reasonable doubt trying to prove intent in this case. They are better off going with 3rd degree to guarantee the guilty verdict than a coin-flip (at best) at 2nd degree.
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Especially given that the context and surrounding circumstances dictate that he's going to receive something on the high end of the sentencing range. To wit, I don't agree with this...
Quote:
Originally Posted by Acey
Only 3 states have 3rd degree murder, hence all the confusion today. This Minnesota county just put away a cop for 12.5 years on a 3rd degree murder charge after he got "spooked" and shot a woman who walked up to the side of his car, the woman who had called them to come out in the first place. If that had been what happened here, the entire Twin Cities would be on fire right now.
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Really? This seems much worse, to me, in that it's not a split-second thing, or even close. He didn't get spooked and make a bad decision in the moment. He decided to put his knee on the guy's neck, and decided to keep it there for an extended period of time. While he may not have asphyxiated the guy, that action still seems to be the proximate cause of his death, unless somehow the defense can show that there's a reasonable possibility he would have died if they'd just handcuffed him and left him.
I suspect he gets the book thrown at him, for a number of reasons. I don't think the other police involved get anything beyond being fired, but I'm not really convinced about whether they should.