No, but the judge is a moronic Satan-worshipper.Double jeopardy?
Let's talk about Murder 2. In Minnesota, Murder 2 happens when someone dies in the commision of a crime. So, I rob a store at gunpoint or something similar. The silly argument in the dead criminal Floyd case is that the assault on Floyd was a crime therefore his death was murder 2. This basically makes every 2nd degree manslaughter charge, a Murder 2 charge. It's beyond silly.
Murder 3 was written for those who did such things as close their eyes and shoot in the direction of a crowd of people - like what Jose Ines Garcia Zarate did. It is not applicable here.
I do want to add that second degree manslaughter in Minnesota is the same thing as involuntary manslaughter.