Thread by @CevallosLaw

1/ The new 2d deg. murder charges (in addition to murder 3d deg., & mansl. 2d deg.) against Chauvin make it easier to charge other fmr-officers/co-defendants w/ aiding and abetting.
@gabegutierrez

2/ Second-degree murder contains Minn.'s "felony murder rule." Deft is guilty of Murd. 2d if he unintentionally causes death, while committing/attempting a felony. The predicate felony against Chauvin is third degree assault.
@TDavis_JSB @kellydanielnbc @AlisonMorrisNOW

3/ So, the state needs to prove 1] (unintended) death 2] caused by 3] third-degree assault, which is defined as: a) intentional infliction of bodily harm; and b) resulting substantial bodily harm.
@hayleybwalker @TODAYshow @CateGropper

4/ Then, for aiding and abetting, a deft is responsible for the crime committed by another if he intentionally aids, advises, counsels, conspires, or procures the other to commit the [assault]. If they intended to help assault Floyd, that cld be felony murder/murder 3d.
@sreistv

5/ Without felony murder, the charges against the other officers are trickier. Aiding and abetting is a "specific intent" crime: abettor has to want the bad outcome he's helping with.

6/ If I loan someone my car for the purpose of robbing the bank, I specifically intended that outcome and I'm liable. If I loan my car to deft to go get groceries, and he suddenly decides to rob a bank, I did not "aid or abet" him unless I knew about the robbery.

7/ The other officers are also charged with aiding and abetting third-degree murder. This is a killing that results from something "eminently" (very) reckless--knowingly very risky and dangerous, but death not intended.

8/ This is kind of an awkward theory for a jury: the others allegedly *intended* to aid and abet (help another achieve) an *UNintended* outcome. Even if legally allowed, a juror might struggle: how do you intend to help someone else do something the someone didn't intend to do?

9/ The felony murder charges provide an easier path to conviction: state only needs to prove the others intended to assist with the assault, w/out having to rely only on a crime based on specific intent to do something unintended.
@MattPitzerNBC @DeanObeidallah @smerconish

10/ From my @TODAYshow hit this morning: "Upgraded charges against Derek Chauvin may make convictions against others more likely, lawyer [me] says" today.com/video/upgraded…