Should the officer is the Floyd case be charged with 2nd or 3rd degree murder?

First off I’m sure we can all agree this officer is a piece of shit who needs to be in jail the issue I see is 1 word in the law the makes the difference between 2nd and 3rd degree murder.

“Minnesota law prohibits intentional and unintentional killings under most circumstances. Those killings prohibited as second-degree murder include: Killing a human intentionally, but without premeditation (not thinking about or preparing for before) Killing a human while committing or attempting a drive-by shooting.“

(a) Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years

the key word here is intent, did the officer indent to kill George Floyd. Now the defense in the trail could say that the officer did not intent to kill George Floyd but Floyd did while the officer tried to arrest him and did not notice where his knee is, Now I can’t find the autopsy report without google directing Me to fake new CNN or MSNBC or ABC news which are sites I don’t trust to give me the actual report but depending on the out come of the report it’s could be argued as intentional because the officer was on the guys throat for 9 minutes one could ague it was intentional at that point, We’re not in the officers mind we have no idea what he was thinking so I think it could be a stretch for 2nd degree and lead to a hung jury which the government then could try the officers again but imagine if the officer gets off for killing Floyd another riot would occur

I think to be safe a 3rd degree murder charge is warranted because of the intent part. You don’t have to prove the intent of the officer the officer murders Floyd in the 3rd degree without intending to and should go to jail for 25 years I think that’s a much easier case to be won then 2nd degree.
Should the officer is the Floyd case be charged with 2nd or 3rd degree murder?
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