The quality of the defense attorneys here is going to be a big deal. You can easily recreate the video with out putting any or much weight at all on the neck or chest and show that a person can still breathe or talk. Especially since there was no bruising of the neck and no damage to the neck structures. Chauvin’s knee was on the side of Floyd’s neck. It takes a very large amount of force to cut off someone’s breathing from the side of the neck and that force would be more than sufficient to cause damage. Now, you could say positional asphyxia but (a) they mentioned excited delirium and thus were putting him in a position where they he was in less danger of that, (b) if they testify, I think you’ll see them all testify that they weren’t putting much weight on him because of that, and (c) there weren’t the other classic signs of asphyxiation.
So you’re almost taking the murder charges off the table from the very beginning, especially the 2nd degree. The third degree brings in a predicate of them performing in a generally dangerous manner that resulted in a death. The problem with this is that they were following procedure at the time. You would be reasonable to think that police procedures in 2020 would not include generally life-ending procedures listed as non-lethal and the statistics of this would prove you right. I think they’re bringing back the 3rd degree murder hoping that the jury will see it as a compromise verdict but I just don’t see how they’re going to make it stick with the jury instructions that will be given.
Hence, Floyd probably committed suicide by fentanyl and these guys followed procedure; I don’t know how you could prove beyond a reasonable doubt the murder predicates.
Now, if you want to say that they should’ve recognized his distress and followed other procedures to get him help (call FD earlier) and you can show that it is objectively reasonable that any other officer in that situation knowing what they knew at the time would’ve acted differently, then manslaughter is a very real option.
All of this is why I’m surprised that they didn’t follow the precedent set by the Freddie Gray officers and request a bench trial. Juries tend to follow emotion much more than judges who are sworn to follow the laws exclusively. I would think that would’ve been a no-brainer.