Transcript of Former MSP trooper bound over to circuit court on second-degree murder charge

one could infer that the defendant knew his vehicle could not in advance in front of the suspect to block his flight without making contact and last the defendant can be seen driving past his colleague who is also in a vehicle and who I suspect has similar training as the defendant his colleague who has stopped his vehicular Pursuit and is beginning a foot chase the defendant drives past the stopped vehicle and at least two other officers who are in Pursuit an estimated 20 to 25 ft away the last element without justification is really the absence of an element there was testimony that there was no weapon observed on the decedent during the pursuit and no force was used by the deed no other officers continued in vehicle Pursuit therefore there does not appear to be justification for the defendant's conduct reasonable minds of course May differ I think the matters of breaking and speed the impact on the circumstances of wet payment and whether the believe that the suspect might enter the Burger King and harm or threaten harm to patrons are areas where fact finders May diverge but by a probable cause standard I believe the elements of second degree murder are met there are more questions in my mind as to collecting evidence in count one than in count two involuntary manslaughter many elements are the same and I previously stated my findings however involuntary manaugh contains the element of gross negligence I Believe by reason of his training and experience that the defendant was aware that the pursuit of a fleeing felon required at minimum the exercise of ordinary care and diligence and that he had the ability to avert the harm defendant could have slowed or break much earlier than he chose to could have ceased his pursuit in the vehicle and proceeded on foot or simply beer the other direction upon gaining proximity to the defendant to the decedent in failing to do so there was impact between a human and the vehicle and the ordinary mind can easily understand that a collision of that nature May provve disastrous and so in this matter defendant key is to be bound over to the Circuit Court

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Former MSP trooper bound over to circuit court on second-degree murder charge

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