One of Minnesota’s top criminal defense attorneys told 5 EYEWITNESS NEWS Hennepin County prosecutors could be considering third-degree murder charges for 27-year-old Derrick Thompson.

Thompson was booked into the county jail Monday on suspicion of murder after investigators said Thompson’s rental car was traveling at a high rate of speed when it ran a red light and crashed into a van killing all five women inside last Friday.

Attorney Joe Friedberg told KSTP Thompson would likely be charged with either criminal vehicular homicide, second-degree manslaughter or something as high as third-degree murder.

“Third-degree murder is where you kill somebody who you didn’t form an intention to kill and where there’s no particular victim that a person is after,” said Friedberg.

Hennepin County prosecutors were given an extension on filing charges against Thompson because they were waiting for toxicology results.  If the toxicology reports show Thompson was impaired, it could prevent prosecutors from charging him with third-degree murder.

“I have a feeling that, if impairment is present, then the charges may be lower,” said Friedberg.  “Third-degree murder, which is supposed to be evidence of a depraved mind, is probably contraindicated if there is substance abuse involved.”

Friedberg said he did not think a prior felony case in California, where Thompson was convicted of driving into a pedestrian and nearly killing her, will be included in the prosecution’s case because it appears Hennepin County prosecutors have a lot of evidence already.

“From a practical standpoint, there is such a thing as an indefensible case,” said Friedberg.  “Sometimes you just have to try and get the best deal that you can and there are those cases where it is impossible to get any deal at all.

Thompson, Friedberg said, would not face separate trials for the deaths of the five women because they were simultaneously killed during a single action by the driver of the SUV, which crashed into their van.