The definitions vary from state to state. I went ahead and looked up the ones in Minnesota. And argument could be made for murder in the 3rd degree, but it would be a stretch. Looks like manslaughter in the 2nd degree could apply. See 609.205(1). Max sentence 10 years.
Thanks
https://www.revisor.mn.gov/statutes/?id=609.205
609.205 MANSLAUGHTER IN THE SECOND DEGREE.
A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) by the person’s culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or
(2) by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or
(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or
(4) by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner’s premises, or negligently failing to keep it properly confined; or
(5) by committing or attempting to commit a violation of section 609.378 (neglect or endangerment of a child), and murder in the first, second, or third degree is not committed thereby.
If proven by a preponderance of the evidence, it shall be an affirmative defense to criminal liability under clause (4) that the victim provoked the animal to cause the victim’s death.
here is manslaughter in the first degree (i skimmed but it did not seem to fit— might be a deficiency in minnesota law?)
https://www.revisor.mn.gov/statutes/?id=609.205
609.20 MANSLAUGHTER IN THE FIRST DEGREE.
Whoever does any of the following is guilty of manslaughter in the first degree and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both:
(1) intentionally causes the death of another person in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary self-control under like circumstances, provided that the crying of a child does not constitute provocation;
(2) violates section 609.224 and causes the death of another or causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was reasonably foreseeable, and murder in the first or second degree was not committed thereby;
(3) intentionally causes the death of another person because the actor is coerced by threats made by someone other than the actor’s coconspirator and which cause the actor reasonably to believe that the act performed by the actor is the only means of preventing imminent death to the actor or another;
(4) proximately causes the death of another, without intent to cause death by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule III, IV, or V; or
(5) causes the death of another in committing or attempting to commit a violation of section 609.377 (malicious punishment of a child), and murder in the first, second, or third degree is not committed thereby.
As used in this section, a “person of ordinary self-control” does not include a person under the influence of intoxicants or a controlled substance.
wow, murder 3rd degree does not seem to fit either— but how about 2nd degree murder, under minn. PC 609.19(1)? No premeditation requirement, just intent to kill, which i think in this case is reasonable (multiple shots of 9mm, close range). what kind of bullet would he have?
https://www.revisor.mn.gov/statutes?id=609.19&year=2016&keyword_type=all&keyword=murder
609.19 MURDER Next IN THE SECOND DEGREE.
Subdivision 1.Intentional Previous murder Next ; drive-by shootings.
Whoever does either of the following is guilty of Previous murder Next in the second degree and may be sentenced to imprisonment for not more than 40 years:
(1) causes the death of a human being with intent to effect the death of that person or another, but without premeditation; or
(2) causes the death of a human being while committing or attempting to commit a drive-by shooting in violation of section 609.66, subdivision 1e, under circumstances other than those described in section 609.185, paragraph (a), clause (3).
§
Subd. 2.Unintentional murders.
Whoever does either of the following is guilty of unintentional Previous murder in the second degree and may be sentenced to imprisonment for not more than 40 years:
(1) causes the death of a human being, without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting; or
(2) causes the death of a human being without intent to effect the death of any person, while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the perpetrator is restrained under an order for protection and the victim is a person designated to receive protection under the order. As used in this clause, “order for protection” includes an order for protection issued under chapter 518B; a harassment restraining order issued under section 609.748; a court order setting conditions of pretrial release or conditions of a criminal sentence or juvenile court disposition; a restraining order issued in a marriage dissolution action; and any order issued by a court of another state or of the United States that is similar to any of these orders.
https://www.revisor.mn.gov/statutes?id=609.195&year=2016&keyword_type=all&keyword=murder
609.195 MURDER Next IN THE THIRD DEGREE.
(a) Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of Previous murder Next in the third degree and may be sentenced to imprisonment for not more than 25 years.
(b) Whoever, without intent to cause death, proximately causes the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule I or II, is guilty of Previous murder in the third degree and may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $40,000, or both.
Here are the top 5 9mm rounds used by LE. In the description of the first type (federal premiumm HST LE), note the design to create a “large wound cavity.”
http://www.wideopenspaces.com/the-best-5-self-defense-ammo-for-9mm-used-by-law-enforcement/