When I read the second degree murder statute, it requires it either be with intent to kill, during a drive by shooting, while committing a different felony offense, or while inflicting harm on a person when the victim is under an order of protection from the perpetrator.
https://www.revisor.mn.gov/statutes/cite/609.19Perhaps he is to be charged with another felony offense? I'm sure the defense can argue he's long been a total dick to people with restraining them like that and they didn't die before in order to put doubt on intent. Which leaves while committing another felony offense but I don't know what that would be.
In fact I think we need to carve out a special law regarding police. they should have extra scrutiny, not less, because they are expected to know the law and apply it
they are just going to overcharge him with both 2nd and 3rd degree charges, which I don't really like that they have that option (since they can basically just charge you with literally everything, and find what sticks), but whatever.
Americans learn only from catastrophe and not from experience. -- Theodore Roosevelt
My life has become a single, ongoing revelation that I haven’t been cynical enough.