To clarify what I mean when I say third degree murder simply doesn'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 State v. Barnes (2006), it expressly stated that, unlike other forms of murder, "Depraved mind murder . . . cannot occur where the defendant'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 'that all the blows were directed toward the victim.' 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'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/

This took all of 15 minutes on Westlaw to figure out...two days ago. And it's very concerning that the "major" charge here is one that, quite frankly, wouldn't appear to survive basic judicial review. 8/END.