....Any lawyer with an IQ above 25 could get murder 2; a clever one could get murder one -...
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Actually, any lawyer with an IQ above 25 would first check the murder laws in Minnesota to see what the requirements are for Murder 1, Murder 2, Murder 3 and Manslaughter.
If you're in a hand to hand struggle with someone, you can tell when they go limp.
And people were shouting at him "Stop you're killing him" (approximately) and begging him to get off the guy's neck and take a pulse.
That's specific enough intent for me.
Particularly as, if the man was handcuffed, then they are legally responsible for his safety at that point. Custody, therefore Custodian.