Also Em just saw your response to me on the other post, thanks again for all the work you do keeping these discussions grounded in actual law. It keeps OT head and shoulders above every other non-specifically-legal site I know of. And really better than some lawyer sites for that matter.

This may be the 'right' answer in a certain cosmic sense but I'm skeptical it's supported by applicable authority. In fact I strongly suspect there is case law in MN on the issue of whether some rough treatment by the police during arrest is an assault. I also strongly suspect that case law is not favorable to the state.

I'm glad Em wrote this up. It clarifies the 2nd degree murder charge in a very important way. I still think the 3rd degree option was a better avenue to conviction. Like I said in the other thread I don't know how merger works in MN (or if they recognize the doctrine) but charging this wrong to satiate the passions of people who don't understand the law could result in the guy walking. And imagine how that would play out.

Again, far be it from me to question the decisions of attorneys in a state where I don't and never have practiced but I have a bad feeling about this.