Cannot see how. They will justify lots of their actions, however the kneeing on the side of the neck is one he can't get out of. At a minimum it is a reckless disregard for life that ended in the loss of life. The part that I think they will never be able to prove is murder one. That requires premeditation with intent and as much as I would like this piece of garbage to go for it, it isn't there. Unfortunately the law is the law. I only hope that as we move forward, the people will demand that the police treat "ALL" people differently as this happens all races and colors everyday. The bullying, harassment, threatening by cops etc needs to stop for all, not just some. They can use force when necessary, however probably 90% of the time it is not necessary. If you want to see excessive force and harassment, just watch a few episodes of Live PD.