It's the easiest to prove given the evidence. But under Minnesota statute, 3rd degree murder might fit. But as I've said many times, I'm told by lawyers that the various shades of homicide are the hardest for lay people to get. So I won't stake a firm claim on any particular charge. However, 1st degree murder requiring premeditation really doesn't fit the facts. Yes, I have listened to the arguments about how the officer freed up his gun hand, but that's kind of shaky. All that said, Minnesota (like most states) follows the lesser-included offense doctrine that allows a jury to convict on a lesser degree of the charged offense.