I'm asking the same two questions. You can possibly make some argument for the driver being released on his statement that he was forced at gunpoint to be the getaway driver. But the other guy ran from the police after the car crashed. Why he was released is beyond comprehension.
Originally Posted by Kerbouchard
As for the charge, this from Minnesota statues:
609.185 MURDER IN THE FIRST DEGREE.While you could argue that the first shot didn't involve "intent to effect the death of the person", the subsequent 5 shots while he was helpless on the ground surely did. Why this was charged as 2nd degree doesn't seem to make any sense.
(a) Whoever does any of the following is guilty of murder in the first degree and shall be sentenced to imprisonment for life:
(1) causes the death of a human being with premeditation and with intent to effect the death of the person or of another;
(2) causes the death of a human being while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the person or another;
(3) causes the death of a human being with intent to effect the death of the person or another, while committing or attempting to commit burglary, aggravated robbery, kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a witness in the first degree, escape from custody, or any felony violation of chapter 152 involving the unlawful sale of a controlled substance;