Read on Twitter
To clarify what I mean when I say third degree murder simply doesn& #39;t apply here and is a completely nonsensical charge: THREAD.
In Minnesota, 3rd degree murder is also known as "depraved mind murder." The Minnesota Supreme Court has clarified exactly what this means. 1/
In Minnesota, 3rd degree murder is also known as "depraved mind murder." The Minnesota Supreme Court has clarified exactly what this means. 1/
In State v. Barnes (2006), it expressly stated that, unlike other forms of murder, "Depraved mind murder . . . cannot occur where the defendant& #39;s actions were focused on a specific person." 2/
This is based on an earlier holding in State v. Wahlberg (1980) where the court said, "This statute [for 3rd degree murder] was intended to cover cases where the reckless or wanton acts of the accused were committed without special regard to their effect on any particular... 3/
. . . person or persons; the act must be committed without a special design upon the particular person or persons with whose murder the accused is charged." 4/
In fact, in that very case, the court held that a jury instruction on depraved mind murder was inappropriate where the evidence suggested & #39;that all the blows were directed toward the victim.& #39; 5/
In other words, this charge is for acts like drunk driving that causes a death of another motorist - the person did not direct his wantonly dangerous acts toward a particular motorist, but his acts nonetheless were without regard to the lives of other motorists, generally. 6/
And that& #39;s why the charge is mindboggling here. We have the video of Chauvin directing every single action toward a particular person - George Floyd. His wanton indifference to life was in regard to a very particular life, and only in regard to that life. 7/
