That does not change that the policeman killed him.
**********
In this country, we do not go directly from video to sentence. Whether the cop killed him, or if he did, whether it was intentional or negligent, is to be determined at trial.
Under Minnesota state law 3rd degree murder does not require intent.
It does require Depraved Indifference.
I think that keeping your knee on the neck of a handcuffed, lying down on the ground man in your custody, with two other officers holding down his legs, for a full two minutes after one of the other officers on the scene tells you he has no pulse, on an unedited video taken on the scene from six feet away, and in front of witnesses, qualifies.