George Floyd died of an overdose- how will the trial unfold? (financial, drugs)
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stay with me Grasshopper. Ellison (that's another topic) amended the charge with 2nd degree murder.
These sorts of killings don't involve any planning on the part of the killer. At the moment the murder occurs, the killer definitely intends to kill the victim, but up until that moment, the killer had no plan to commit murder.
For example, Adam and Bill are neighbors, and lately they've been having disagreements over the fence between their properties. Adam pays Bill a visit to discuss the matter, and while there impulsively grabs a shotgun hanging above the fireplace and shoots and kills Bill.
Adam didn't have any plan to kill Bill when he went to Bill's house that day, so there was no premeditation. At the time he pulled the trigger, however, Adam fully intended to kill Bill. Given these circumstances, prosecutors would probably charge him with second-degree murder.
If, on the other hand, Adam kills Bill during a sudden quarrel with provocation, the charge would likely be voluntary manslaughter. The idea is that if Adam is driven by the "heat of passion," it lessens the moral blame.
A second situation that constitutes second-degree murder is where the perpetrator intends only to cause serious bodily harm but knows that death could result from the act. For example, in the situation above, instead of shooting Bill, Adam grabs a shovel and whacks Bill in the head with all his strength. While Adam didn't specifically intend to kill Bill when he hit him, he did intend to strike him with the shovel knowing that such a blow to the head carried with it a distinct possibility of death. Adam killing Bill in this way would be classified as murder in the second degree. Extreme Indifference to Human Life
The third main type of second-degree murder occurs when a victim dies as a result of the perpetrator's extreme indifference to the value of human life. Generally speaking, extreme indifference means an utter disregard of the possibility that an act will kill someone.
Going back to Adam and Bill, imagine that instead of hitting Bill over the head with a shovel, Adam grabs his gun and wildly fires toward a crowd of neighbors that have gathered to observe the argument between Adam and Bill. Adam didn't necessarily mean to kill anyone, but also didn't give any thought to the harm that his actions could cause to people in the crowd. This demonstrates Adam's extreme indifference to human life. If one of Adam's bullets struck and killed anyone in the crowd, then Adam has probably committed a murder in the second degree.
If you are going to charge him with 2nd degree murder like Ellis amended, then his state of mind is part of the trial but who are you b.s. here? you already made up your mind.
The tome of irrelevant garbage you regurgitated has nothing to do with the second degree felony murder Ellison charged Chauvin with. Under Minnesota criminal law, secondary degree unintentional felony murder is a type of felony murder charge passed down from English common law tradition. In Minnesota, specifically, the prosecutor has to only prove that a felony was committed with intent - in this case, 3rd degree felony assault (where Chauvin restrained Floyd with his knee to the neck against department policy, as confirmed by the police chief) - and a charge of felony MURDER may be added to any unintentional death that resulted from the felony assault.
I really wish you would crack open a high school civics textbook rather than waste your time inventing Minnesota criminal law. But alas, alternative realities and facts.
Minneapolis has to throw Chauvin under the bus. No way can anyone, the police chief etc defend Chauvin. Chauvin and those cops were fired before the autopsy came out; why? because the mob demanded it.
How exactly are the facts about Floyd's lifestyle and health condition/s demonizing him? It's not like the defense is mentioning the fact that jobless Floyd is cruising around Minneapolis in a Mercedes-Benz while highly intoxicated on various drugs.
Those “facts” have nothing to do with the reckless assault by Chauvin, who assaulted and murdered Floyd. We all saw it on video.
Chauvin was fired immediately because the department recognized what Chauvin did was so egregious that they could not keep him in the force. Chauvin was a criminal in a police uniform the night he murdered Floyd.
Minneapolis has to throw Chauvin under the bus. No way can anyone, the police chief etc defend Chauvin. Chauvin and those cops were fired before the autopsy came out; why? because the mob demanded it.
How exactly are the facts about Floyd's lifestyle and health condition/s demonizing him? It's not like the defense is mentioning the fact that jobless Floyd is cruising around Minneapolis in a Mercedes-Benz while highly intoxicated on various drugs.
Oh yeah. Was it the mob that made Chauvin volunteer to plead guilty to 3rd degree murder days after the crime? Doesn't sound like the actions of a man who did nothing wrong. Chauvin himself knows he's guilty. The only reason we are having a trial...is not even because the defendant wanted it....because clearly he didn't.
Had it not been for William Barr, Chauvin would be close to finishing up his first year of prison already. So all of this back and forth about Chauvin being innocent is total nonsense. The defendant himself was going to say he wasn't.
Oh yeah. Was it the mob that made Chauvin volunteer to plead guilty to 3rd degree murder days after the crime? Doesn't sound like the actions of a man who did nothing wrong. Chauvin himself knows he's guilty. The only reason we are having a trial...is not even because the defendant wanted it....because clearly he didn't.
Had it not been for William Barr, Chauvin would be close to finishing up his first year of prison already. So all of this back and forth about Chauvin being innocent is total nonsense. The defendant himself was going to say he wasn't.
People have made plea deals/pled guilty, only to be found innocent later. So not a good argument.
All the cops involved were fired, not just Chauvin. Why were the others fired by May 29 as well?
They knew of the danger Chauvin placed the victim in, they warned Chauvin he was endangering the victim, and they did nothing to stop Chauvin. The three officers did absolutely nothing other than warn Chauvin he was harming the victim.
What is going on, the prosecution claims Floyd only died from the cop`s knee on the neck and from nothing else, while the defense claims he died from the overdoses of drugs that killed him. And that the cop`s knee was not on his neck but on his shoulder blade.
The State is arguing Derek Chauvin caused George Floyd’s death unintentionally, but unlawfully.
Or, that he caused George Floyd's death in the course of conduct that posed an extreme risk to human life, & in an unlawful manner, & demonstrated an indifference to human life.
Or, that he caused George Floyd's death in the course of doing something unreasonably dangerous to the lives of other people, & demonstrated negligence or recklessness, or ignoring the potential danger.
We've only heard opening statements & cross from the Defense, so uncertain of their strategy or legal arguments. They have an advantage because the defendant was a Police Officer. In America, Police Officers are seldom convicted of crimes.
Hmm, if only Floyd cooperated from the get go. Floyd was out of control. What does ''the book'' say about a cuffed, violently struggling intoxicated on drugs 6'6 230 lbs dude and his re-positioning by officers? Floyd had long arms and huge hands and could have gotten a hold of one of their guns; cops hear it all the time...can't breathe etc...huge dudes like Floyd high on street drugs, resisting arrest, kicking, screaming etc. pose an exceptionally high risk to cops.
Hhhmm, if only some folks realized George Floyd is not on trial, Derek Chauvin is.
If only Derek Chauvin's actions were consistent with his trainings:
Quote:
G. MPD Policies and Training
As MPD officers, the State contends that Chauvin, Thao, Lane, and Kueng held positions of public trust and were trained not to “willfully mistreat or give inhumane treatment to any person held in custody.” MPDPPM § 5-107.3. Upon joining the MPD, Chauvin, Thao, Lane, and Kueng agreed to abide by a code of ethics that bound them to “enforce the law courteously and appropriately” and “never [to] employ[] unnecessary force or violence.” Id. § 5-102.
According to the MPDPPM, “sanctity of life and the protection of the public” are “the cornerstones of the MPD’s use of force policy.” MPDPPM § 5-301.A. Consistent with those principles, it is “the duty of every sworn employee present at any scene where physical force is being applied to either stop or attempt to stop another sworn employee when force is being inappropriately applied or is no longer required.” Id. § 5-303.01(B).
Officers may use only “the amount of force that is objectively reasonable in light of the facts and circumstances known to that employee at the time force is used,” and their use of force must “be consistent with current MPD training.” Id. § 5.301.01. Before using force, officers must first consider various de-escalation tactics short of force. Id. § 5-304(B). When evaluating whether the use of force is appropriate, officers must “[c]onsider whether a subject’s lack of compliance is a deliberate attempt to resist or an inability to comply based on factors including, but not limited to”:
(i) medical conditions;
(ii) mental impairment;
(iii) developmental disability;
(iv) physical limitation;
(v) language barrier;
(vi) influence of drug or alcohol use; or
(vii) behavioral crisis.
Id. § 5-304(B)(1)(b).
Under MPD policies in effect at the time of Floyd’s death, the most extreme uses of force -- MRT, Neck Restraints, and Deadly Force -- are reserved for the most extreme situations. Officers are trained to use the MRT only “where handcuffed subjects are combative and still pose a threat to themselves, officers or others, or could cause significant damage to property if not properly restrained.” Id. § at 5-316(IV)(A)(1). “As soon as reasonably possible, any person restrained using the MRT who is in the prone position” -- that is, on his or her stomach -- “shall be placed” in “the side recovery position” if “the hobble restraint device is used.” Id. § 5- 316(IV)(B)(1). Officers are instructed that, “as soon as possible,” they must “[p]lace a restrained subject on their side in order to reduce pressure on his/her chest and facilitate breathing.” 2019 MPD Use of Force Manual, at 3.
Officers are also trained not to employ a “neck restraint”—“[d]efined as compressing one or both sides of a person’s neck with an arm or leg”—“against subjects who are passively resisting.” MPDPPM § 5-311(I), (II)(C). MPD policy defines “passive resistance” as “behavior initiated by a subject, when the subject does not comply with verbal or physical control efforts, yet the subject does not attempt to defeat an officer’s control efforts.” Id. § 5-302. “An officer who has used a neck restraint or choke hold shall inform” emergency medical personnel “accepting custody of the subject[] that the technique was used on the subject.” Id. § 5- 311(II)(D)(2). And if unconsciousness occurs, officers are to “request EMS immediately by radio.” 2019 MPD Use of Force Manual, at 2.
In applying a Neck Restraint, MRT, or any other use of force, officers must render medical aid when their use of force necessitates it. MPDPPM 5-306 (all MPD officers who “use[] force shall,” “[a]s soon as reasonably practical,” “determine if anyone was injured and render medical aid consistent with training and request Emergency Medical Service (EMS) if necessary”).16 MPD officers are trained to check the subject’s “airway [and] breathing,” and “start CPR if needed.” 2019 MPD Use of Force Manual, at 2, 4.
Chauvin could not breath because the external pressure would not allow him to take a deep enough breath to reach the lungs/alveoli. Floyd could pull in just enough air (which required the last bit of energy he had due to lack of oxygen in his blood stream) to beg Chauvin to let him breathe.
refer to post #1153
That’s a very convenient explanation. He could pull in just enough air to talk but not breathe? It might be feasible albeit far fetched IF he hadn’t complained of not being able to breathe before Chauvin knelt on him.
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