Will Derek Chauvin evade criminal responsibility?

The state judge overseeing the trial of former Minneapolis Police officer Derek Chauvin has reinstated third-degree murder charges against him in the death of George Floyd. Prosecutors requested this move, and they are correct as a matter of law. But it is not clear whether this will be a win for the prosecution in the long run or have the unintended result of letting Chauvin evade criminal responsibility.

Minnesota defines third-degree murder as death caused by “an act eminently dangerous to others and evincing a depraved mind, without regard for human life.” Chauvin, citing the language about acts dangerous “to others,” asserts that he cannot be guilty of third-degree murder because he claims his actions were directed at a single person, Floyd, rather than a group of people. By contrast, prosecutors argue that third-degree murder applies whether a defendant shows a disregard for the life of one person or many.

In other words, could a person be guilty of third-degree murder if he drove drunkenly down the highway, smashing into cars as he went, killing at will? Or could he also be guilty of third-degree murder if he drove his car in a state of intoxication and aimed at a particular person?

The prosecution’s view that the third-degree murder charge applies to Chauvin is more persuasive. In fact, Chauvin threatened to harm witnesses, including a firefighter, who attempted to intervene to provide medical help to Floyd. Given the menacing police demeanor on-site, it seemed witnesses feared for their lives should they attempt to save Floyd. Juries should be permitted to consider this context in an abuse of power case where the only thing preventing the preservation of life is a police officer’s badge.

As a matter of law, the statutory text does not require the state to prove generalized action. Likewise,

Minnesota appellate courts have upheld guilty verdicts even where the defendant’s action was directed at a particular person. Courts around the country and legal scholars agree that third-degree murder is a proper charge even when only one person is endangered.

Just last month, the Minnesota Court of Appeals, the state’s intermediate-level court, embraced the prosecution’s view of third-degree murder in another police brutality case and directed the trial judge to reconsider the charge in Chauvin’s case. Hennepin County District Court Judge Peter Cahill said he disagreed with that interpretation but is bound to follow the higher court.

The Minnesota Supreme Court is poised to decide the issue in a case now before it, but it is unlikely to reach a decision before the Chauvin trial concludes.

Including the third-degree murder charge could benefit prosecutors because it gives them more options to present to the jury. It is possible that the Chauvin jury could settle on third-degree murder as a compromise verdict, as it is sandwiched between two other charges against Chauvin: the more serious charge of second-degree murder (felony murder, or murder committed unintentionally while the defendant is intentionally committing another felony, such as assault) and the less serious charge of second-degree manslaughter (culpable negligence creating an unreasonable risk of death).

But there is also a risk that including the third-degree murder charge would give Chauvin a legal issue to argue before the appellate courts if he is convicted. In particular, what happens if the jury settles on third-degree murder and acquits Chauvin of all other charges? If the Minnesota Supreme Court later interprets the third-degree murder statute in a way that would not apply to Floyd’s death, Chauvin could emerge from this case without being held criminally accountable.

LOWELL, Mass. (AP) — Three people have been charged in connection with a fire at a Lowell apartment building last month that left a 77-year-old man dead, injured six people and displaced 50 residents, authorities said.

Two suspects, including a 16-year-old boy, face murder charges, Middlesex District Attorney Marian Ryan said in a statement Thursday.

They’re accused of setting fire to a trash bag with a cigarette lighter and then leaving the bag near an exit in a back hallway. The motive remains under investigation.

The fire reported just after 3 a.m. on Feb. 10 resulted in the death of third-floor resident Em Chak, and injured three more tenants, two firefighters and one police officer, Ryan said.

Julian Boykins, 20, and the 16-year-old boy, both of Lowell, face murder and other charges. Boykins was slated to be arraigned Friday. It was not clear if he had an attorney. The teen suspect wasn’t in custody.

The third defendant, Tanya Karadanis, 19, of Dracut, pleaded not guilty to tampering and conspiracy on Thursday, and bail was set at $5,000. It was not clear who represented her. She is Boykins’ girlfriend, and tried to destroy evidence at his direction, authorities said.

The arrests were made based on surveillance video, Ryan said.

Memorial services held online. Zen meditation apps. Buddhist temple-led matchmaking services.

As the coronavirus pandemic forces institutions around the world to change the way they do things, those new endeavors are some of the ways Buddhist groups in Japan are trying to survive. Their temples are part of the landscape: there are about 77,000, more than the number of Japan’s ubiquitous convenience stores.

Covid-19 has caused further pain for Buddhist organizations already struggling in recent years due to Japan’s shrinking population and sagging interest in religion among the young. One estimate is that temples’ total income has halved from 2015-2020. And now the virus has kept believers at home, reducing donations they make for services such as memorials for the deceased.

Buddhist temples have thrived in Japan for more than a millennium. But they need money to operate, and the pandemic has prompted some priests and monks to think of new ways to generate income. It’s a reflection of the way that industries worldwide from travel to dining and retail are having to improvise as covid-19 restrictions batter their usual business.

Ryosokuin, a Zen temple with more than 660 years of history in Kyoto, is one such innovator. Faced with a dropoff in services such as memorials and a plunge in tourism, the organization boosted its online operations. It developed a meditation app that’s been downloaded more than 15,000 times that it expects to eventually monetize and an online Zen meditation community called UnXe, meaning “cloud-sitting.”

“When we lost visitors and donations fell, we realized that our conventional way of supporting our operations no longer works,” said Toryo Ito, deputy chief priest at the temple. “We need to adapt to a management style which meets with the times.”

Buddhism has a history stretching back to the sixth century in Japan, but few periods have brought such challenges. Over a third of temples may disappear by 2040 as the population ages, according to Kenji Ishii, a religious studies professor at Kokugakuin University in Tokyo.

Temple income is falling, too. The total figure likely dropped about 51% since 2015 to $2.4 billion (263 billion yen) in 2020, according to estimates by Hidenori Ukai, the chief priest at the Shokakuji temple in Kyoto and a freelance journalist.

The pandemic is adding to financial troubles across a broad swath of Japanese society. While the economy is recovering, a state of emergency in major cities has continued to weigh on consumer spending. And businesses that serve customers face-to-face such as retailers have been hit especially hard, resulting in a spate of bankruptcies for restaurants and hotels.

Tsukiji Hongwanji, a four-century-old temple near Tokyo’s old fish market, is also trying to make the best of the virus period. It started online memorial services last May for families that don’t want gatherings, and has done about 70 such events, according to Yugen Yasunaga, a representative director and priest at the temple.

The organization is also venturing into areas that staid temples aren’t traditionally known for, like matchmaking services, a cafe and yoga classes, said Yasunaga, who worked in a major Japanese bank for more than two decades before starting his career at Tsukiji Hongwanji.

“Just like Amazon.com responds to the various needs of customers online, a temple can do the same,” he said.

Another area that Japanese religious institutions are increasingly exploring is environmental, social and governance investing. Tokuunin, a Zen Buddhist temple in central Tokyo, bought 40year social bonds sold by the University of Tokyo.

“At a time when we can barely get any returns from long-term savings, we’re happy that we can contribute to helping society while earning enough returns to cover inflation,” said Yuzan Yamamoto, its chief priest.