I think third degree is the best fitting charge here. Though I would have liked to see second degree and third degree charged, not third degree and manslaughter

First degree is easily out. You need aggravating factors like killing a child, killing a judge, killing during a violent sex act or terrorism etc.

Second degree is, to me, the stretch but possible charge. That’s an intentional killing that falls short of premeditation. Such as when a person kills out of intense emotion or, importantly, *killing someone unintentionally while intending to inflict great physical harm*

You’d have to construe the hold he had Floyd in as intending to inflict great physical harm. That plus Floyd’s statements of his life and death struggle *could* be enough to do it.

Third degree murder is murder without having intent to kill.

On the face of the facts, probably the best fitting. Maximum punishment here is 25 years.

Voluntary Manslaughter is a murder due to being provoked into an intense emotional response. A crime of passion. Doesn’t really fit here

Involuntary manslaughter is a killing based on negligence. The babiest baby murder charge. Maximum punishment is 10 years.

At a minimum he is almost definitely guilty of this. So I get why the charge has been included. But this could have easily been a 2nd degree charge also

Oh and btw. Prosecutors over charge ALL THE TIME. It’s part of their philosophy. It adds immense weight onto the defendant to plea bargain out. It’s literally in the playbook. So the fact that they just chose 3rd and mans, instead of 2nd and 3rd is another example of privilege