Thoughts On the Initial Charges In the Death of George Floyd

Doing my usual deeper research. some information and some thoughts:

1. The State of Minnesota does not have a death penalty. Life imprisonment is the harshest penalty available under the laws of Minnesota.

2. First-degree murder under MN law, which is punishable by mandatory (if I'm reading things correctly) life imprisonment, requires any of the following--premeditation (going into a situation with the intent to kill from the get-go), causing a death during a sexual assault, intentionally killing someone during the commission of another felony under state law, killing a member of the justice system (police, prosecutor, judge, etc) while that person is "on the job," killing a child during an act of child abuse, killing an adult during an act of domestic abuse, or killing someone during an act of terrorism.

The only thing (in my non-lawyer but with a lot of background in things of a legal nature mind) that could factor in here is premeditation...and I don't see how that could be proven beyond a reasonable doubt.

3. Second-degree murder in MN has two different parts--intentional and unintentional killing, both punishable by up to 40 years in prison. Intentional killing per this statute means killing someone on purpose but without premeditation, or who commits a spontaneous drive-by shooting. Unintentional refers to killing someone unintentionally during the commission of another felony not covered under first-degree.

Perhaps intentional killing without premeditation could be in play here, but we must ask: Can we convince twelve people beyond a reasonable doubt that the perpetrator intended to kill?

4. Third-degree murder in MN consists of unintentionally causing a death by doing something "evincing a depraved mind, without regard for human life...." (MN Statute 609.195) Maximum penalty for this is 25 years.

In my mind, this should be a slam-dunk, given that I've heard absolutely nobody anywhere argue that the perp was doing anything OTHER than this by kneeling on a dude's neck for eight f***ing minutes.

5. The defendant in this case was also charged with manslaughter, which MN defines as, in the second degree, is recklessly negligent and consciously puts someone's life in danger. Again--sounds like a slam dunk.

I can certainly understand the desire for life in prison or worse in this situation. Trying to look at the situation somewhat dispassionately (not that I don't have strong feelings, because I do), we have to ask again, what can we get twelve people to agree with beyond a reasonable doubt? As I'm continuing to read Minnesota law, it does allow for lesser-included charges in cases such as murder. In other words, if a charge is first-degree murder, a jury can come back and say "no we can't find 'beyond a reasonable doubt' on that, but we do find the defendant guilty of second-degree murder" etc.

Since manslaughter is not a lesser-included offense under the murder statute (the way I read it...I could be wrong), both charges make sense. To me, I would think a charge of second-degree murder makes sense given the jury would have the relief valve of third-degree if the prosecution cannot prove second-degree beyond a reasonable doubt.

As always, thoughtful and respectful-of-your-fellow-thoughtgivers discussion is welcomed.