I think he has a few things going against him. The first being that the knee on the neck technique is well known to be dangerous and is not encouraged be the police during their training.
There was no imminent threat. Taking his knee of the neck wouldn't have made the situation less safe. The guy was apprehended at that point. Chauvin himself seemed really calm and in no stress at the time
Lastly, bystanders and even one of the other police officers pointed out that Floyd was in extreme distress and he had to get off him, but he didn't listen. When you have an officer suggest it is time to take the knee of the neck, and bystanders screaming; "You're killing him! You're killing!", I don't think you can argue that it was just a mistake at that point.
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