According to news reports, Vance Boelter has been charged with 2 counts of 2nd Degree Murder in the killing of Minnesota Rep. Melissa Hortman and her husband.
It seems to me that these killings fulfill the requirements for 1st Degree Murder in that
So why not 1st Degree?
“It is common practice for the office to charge second-degree murder to secure a warrant as quickly as possible, which occurred in this case,” says a news release from the Hennepin County Attorney’s Office.
Additionally, Boelter will face first-degree murder charges in Minnesota, the Hennepin County prosecutor said. Minnesota does not have the death penalty, so the maximum sentence would be life in prison without parole, if convicted.
From what I can tell, Minnesota requires a grand jury to be convened for 1st degree charges. I’m sure it’s coming.
It was already mentioned that this is for securing a warrant ASAP, and the reason for this is that it takes more time to develop evidence of pre-meditation, planning, and state of mind. (also, ninja’ed, this is partly because a grand jury needs to consider it).
I sort of thought it was something like that, but I wanted to be sure.
Thanks!
I wouldn’t be surprised if they add terrorism charges to this.
It’s also definitely one of those “Follow the money” things, because I for one would like to know how he supported himself, and all his enterprises, despite having little or no known employment history, at age 57 no less!
Yeah, travelling back and forth to Congo can’t be cheap for someone with no visible source of income.
If they bring federal felony 1st-degree murder and/or terrorism charges, which has been hinted at, he could face the death penalty if he’s convicted on those charges, despite Minnesota not having a death penalty.
Yep, unless he gets a federal pardon somehow, I suppose.
Minnesota is STRONGLY against the death penalty and will fight any federal efforts to impose it.
Different states have different definitions of degrees of murder. You’ve outlined a common ddfinition but it’s worth pointing out that’s not definitive everywhere.
I’m not inclined to research MN law. As far as I can tell you might’ve gotten it just right or you might have made a total hash of it.
All of which is independent of the points others have made that it’s simpler to get an indictment & arraign on lesser charges while doing the research for greater charges.
How would Minnesota do that?
I don’t think MN can stop it if the feds are hell bent in execution, but I remember times in the past where the MN officials raised objections and the feds didn’t execute.
Probably MN can sue the Federal government for their right to punish Boelter. I’m not sure what the argument would be that the state takes precedence, but I’m sure someone could come up with one.
It might get to the Supreme Court.
Conservatives tend to favor “states’ rights” whenever the issue comes up. It would be interesting to see how this shakes out.
His wife was listed as CEO of Praetorian Guard which, as a security firm, presumably had some income, and he apparently was also heavily involved in the company. I suspect he was one of those guys who appears to have a spotty employment history but actually does work and earn money.
Conservatives are, and always have been, in favor of states’ rights ONLY when it serves their agends. When it doesn’t suddenly the Feds are their best buddies.
It’s been reported that his company had zero clients. Hard to make any income without clients.
What are the chances that he gets a Presidential Pardon?! 
Presidential pardons apply to Federal crimes. Murder is a state-level crime and the politicians he shot were state level representatives.
I expect the Feds could figure out something to charge him with, but that’s not the bulk of the crimes and prosecutions he’s facing.
Don’t people do any research before naming their company? I’d never trust someone describing themselves as a Praetorian. Why not just name it We’llMurderOurClients Incorporated?
It is widely reported that he is now also facing federal charges, including multiple counts of murder and stalking.
For him to get a federal pardon, wouldn’t he have to first be convicted of federal charges, and then acknowledge his guilt, at least implicitly? That would make his conviction of the state charges pretty much a slam dunk.