Quote:
Originally Posted by Mikala43
Dude, he was no threat when hand cuffed and face down on the sidewalk. [His side of his face was down]
My husband is ret. PD, and served as an expert witness in cases, and even he says there was no need for what the officer did. There were also 3 other officers present.... doing nothing. Why? Because George Floyd was doing nothing but laying there.
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And you could sense how tense his body was by what you saw.
You could determine he wasn't resisting the officer.
Yup. I'm impressed.
You should be an expert witness at the trial.
HOWEVER, based on this - Floyd was in trouble just for resisting arrest.
http://www.criminaldefenselawyer.com...ing-Arrest.htm
Felony Resisting Arrest: What Does the Prosecutor Have to Prove?
In order to secure a conviction for resisting arrest, the prosecutor must produce evidence on the following issues, called the “elements” of the offense, and the judge or jury must decide that the prosecutor has proved each one of them beyond a reasonable doubt. While the elements of the crime may vary from state to state, usually all of the following must be true:
● The defendant intentionally resisted or obstructed a law enforcement officer. This means the defendant intentionally acted in a way to hinder the arrest. However, the person need not have intended the result or harm that his actions caused.
● The defendant acted violently toward the law enforcement officer or threatened to act violently. For example, striking or pushing the officer would satisfy this requirement. Similarly, a defendant’s threat to strike an officer with an object in the defendant’s hand would also satisfy this requirement.
● The law enforcement officer was lawfully discharging his official duties. This means the law enforcement officer was properly engaged in the performance of official duties, such as investigating a crime or making a traffic stop. A law enforcement officer can be acting lawfully even when arresting the wrong person and even if the charges are dropped or the defendant secures an acquittal at trial.
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NOT MURDER
If the officer is attempting to arrest, and the suspect resists, that is assault and battery, a felony, and the officer can escalate accordingly.
● MURDER : (Law) the unlawful premeditated killing of one human being by another.
● MANSLAUGHTER : (Law) The unlawful killing of one human by another without express or implied intent to do injury.
● HOMICIDE : (Law) the killing of a human being by another person.
● RESISTING ARREST : (Law) physical efforts to oppose a lawful arrest; the resistance is classified as assault and battery upon the person of the police officer attempting to make the arrest.
● SELF DEFENSE : (Law) The right to protect oneself against violence or threatened violence with whatever force or means are reasonably necessary.
● AFFIRMATIVE DEFENSE : An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, and the statute of limitations.
. . .
It's not the initial crime that is the problem, it's the subsequent behavior.
Once a suspect is resisting arrest, he is engaged in a FELONY. He is engaged in assault and battery on the police officer(s). Their response can escalate accordingly, which is an affirmative defense against any charge of murder, manslaughter or homicide. . . .
FLOYD was certainly a danger, handcuffed or not. He refused to get into the car. Can you guess HOW he did that?
He STRUGGLED - as in FIGHT - PUSH - SHOVE - BUTT.
He was a threat to the officers.
And from the photographs a knee to the SIDE of the neck won't crush the trachea / windpipe and choke him.