legal analysis

To support a third-degree murder charge, prosecutors don’t have to show the killing was intentional. But they need to prove beyond a reasonable doubt that the officer caused the death by acting with a “depraved mind without regard for human life,” according to Minnesota law. The video alone may not be enough evidence to secure a conviction, said Richard Frase, a criminal-law professor at Minnesota Law School in Minneapolis.

The medical examiner hasn’t determined a final cause of death. However, according to preliminary findings in the complaint, Mr. Floyd’s treatment by police, underlying heart disease and hypertension, “and any potential drugs in his system” likely contributed to his death.



Investigators will need to compile additional evidence beyond the explosive video that much of the public has seen, including witness statements, said Joe Van Thomme, a city prosecutor in Minneapolis and former chairman of the local bar association’s criminal law committee.

The medical examiner hasn’t determined a final cause of death. However, according to preliminary findings in the complaint, Mr. Floyd’s treatment by police, underlying heart disease and hypertension, “and any potential drugs in his system” likely contributed to his death.


The federal criminal statute commonly used to prosecute police misconduct requires proof an officer on the job not only acted with excessive force but willfully violated someone’s constitutional rights. A misperception or poor judgment alone isn’t enough to get a conviction.


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The family is wanting stiffer charges, but it looks like these are not a slam dunk. I bet we get a negotiated plea bargain of manslaughter.