Second degree required a predicate felony. The state never laid that predicate felony out. They did confuse the jury by replacing untrained restraint with unlawful restraint. In fact, and highlighted in defense testimony, the prone knee restraint was in the MPD procedures manual at the time of the incident. But Blackwell must’ve called it unlawful at least 20 times in the close. If the jury would’ve asked a question about that felony, then I would’ve said that’s a big reason why they convicted on 2nd degree.Which charge was intentional murder? Anyhow maybe the jury was convinced that it was Chauvin’s actions that killed Floyd and each of the statutes sounded reasonable. I personally thought 3rd degree and manslaughter were the two most appropriate but not gonna whine about the 2nd degree conviction. I think it can be argued Chauvin acted both recklessly and maliciously after the the pulse was taken.
But the jury deliberated for enough time to choose a foreman, eat lunch, and sign the paperwork. So I’m guessing they never even talked about it.