Murder or manslaughter in Minneapolis?

The third-degree murder charge is an easier fit. The task here is to show that Chauvin “without intent to effect the death of any person, cause[d] the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life.” (The sticking point under consideration at the appeals court, incidentally, is the part about the act being “dangerous to others” — that is, was Chauvin’s behavior dangerous only to Floyd or to multiple “others”? One judge said the apparent danger to Floyd alone made this charge inappropriate, but there’s precedent to reverse that call.)

This one seems feasible to me. Or, perhaps I should say: It would be feasible were Chauvin not a police officer, to whom American juries routinely show remarkable deference. Yet again that MPD neck restraint policy is going to be a problem. The department labeled it a “[n]on-deadly force option,” which gives Chauvin’s defense team room to argue that so far from being reckless about human life, he deliberately chose a restraint designed to preserve life.

If you’ve seen the videos of Chauvin’s conduct during the last moments of Floyd’s life, you might think that’s BS. But that doesn’t mean it can’t be a persuasive legal argument in an environment already friendly to police.