Let's assume, for a second, that cutting off someone's air supply for an extended period of time doesn't demonstrate an intent to kill, knocking out 2nd degree murder. And let's also assume that this wasn't premeditated, knocking out a 1st degree charge. 1/ https://twitter.com/BNONews/status/1266136952874696709

MN has 3rd degree murder, which applies to someone who, "without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life." Minn. Stat. § 609.195. 2/

There's also 2nd degree manslaughter, which applies to a person whose "culpable negligence . . . creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another." Minn. Stat. § 609.205. 3/

In MN, deadly force is "force which the actor uses with the purpose of causing, or which the actor should reasonably know creates a substantial risk of causing, death or great bodily harm." Minn. Stat. § 609.066. 4/

Police officers in MN are permitted to use deadly force in three situations: (1) to protect themselves from death/bodily harm; (2) to arrest/capture/prevent escape of person who the officer reasonably believes committed/attempted a felony involving the use of deadly force; 5/

(3) to arrest/capture/prevent escape of person who the officer reasonably believes committed a felony if the officer reasonably believes that person will cause death/great bodily harm if not captured. § 609.066. None of those seem to apply here. 6/

The justification defense in Minn. Stat. § 609.065 is similar to the use of deadly force provision, but I read it as applying to non-police officers, so that wouldn't work here. 7/

So I'd love to know what facts "don't support a criminal charge" here, because let's be real, any non-cop potential defendant would already be in jail, with his mugshot in the paper, and vilified by the prosecution. 8/8