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Elevated charge against Chauvin to 2nd degree murder and brought charges on the others. This is the right move.
George Floyd: All four former officers involved in his killing now face charges, Sen. Klobuchar says - CNN
(CNN)Minnesota Attorney General Keith Ellison is increasing charges against former Minneapolis police officer Derek Chauvin to second-degree murder in George Floyd's killing and also charging the other three officers involved in the incident, according to a tweet from US Sen. Amy Klobuchar.
Ellison's official announcement is expected to come Wednesday afternoon, more than a week after Floyd was killed while in police custody in Minneapolis, sparking nationwide protests that call for the end to police violence against black citizens.
Ellison will charge Chauvin with 2nd degree; others to be charged - StarTribune.com
BREAKING NEWS: CHARGES AGAINST OFFICER WHO KNELT ON GEORGE FLOYD’S NECK TO BE UPPED TO 2ND DEGREE MURDER; THREE OTHER OFFICERS TO BE CHARGED WITH AIDING AND ABETTING
by Kevin Ryan The charge against Derek Chauvin, the former Minneapolis police officer who knelt on George Floyd's neck for more than eight minutes, will be increased to second-degree murder, Minnesota’s Star Tribune is reporting. Also, George Floyd's family has been told that the other three officers involved will be charged with aiding and abetting second-degree murder. Tou Thao, J. Alexander Kueng, and Thomas Lane were the other officers who were at the scene of Floyd's death.
Chauvin was initially arrested and charged with third-degree murder and manslaughter on Friday by the Hennepin County attorney's office.
Developing story...
I figured after the second autopsy results the charges would be changed and more people charged. Good.
Do we know what the other officers are charged with, specifically?
Do we know what the other officers are charged with, specifically?
Minnesota law prohibits intentional and unintentional killings under most circumstances.
Those killings prohibited as second-degree murder include:
Killing a human intentionally, but without premeditation (not thinking about or preparing for before)
Killing a human while committing or attempting a drive-by shooting
Causing someone’s death without intending the death of anyone, while committing a felony other than criminal sexual conduct (rape or sexual assault which would be first degree murder) or a drive-by shooting
Causing a death unintentionally, while intentionally inflicting or attempting to inflict great physical harm on the victim when the murderer is currently restrained by a protection order (including for domestic violence, harassment, divorce, or any similar protection order) and the victim was the protected party in that order
Aiding and abetting murder is all I've heard so far.
Aiding and abetting murder is all I've heard so far.
Probably upped to 2nd degree since the kneeling cop was on his neck nearly 3mins after they couldn't find a pulse.
Wonder, though, where will they hold this trial? Can't imagine a place they could get a "fair" trial.
What we do not know is if Minnesota is one of the states where
the charges have the fit the crime exactly, I.E. no lessor charges can be considered. This would appear to be the case because the first
charges were 3rd degree Murder and Manslaughter.
Had a lessor charge been available to the jury then just 3rd degree murder would suffice, and the Jury could convict on the lessor charge.
Here is the 2nd degree murder qualifications.
Minnesota Second-Degree Murder
For 2nd degree murder the state will have to prove that Derek Chauvin intended to kill George Floyd,
He did kill him, but how do you prove that was his intent?
As to the other elements.
It was not a drive-by shooting
No other felony was involved, or at least is not charged.
And George Floyd did not have an order of protection against Derek Chauvin.
I think it is a large risk, to look good for the press! They should go with the sure thing!
The worst thing that could happen in this case, would be the prosecutor overreaches, and the trial ends without a conviction.Probably upped to 2nd degree since the kneeling cop was on his neck nearly 3mins after they couldn't find a pulse.
Wonder, though, where will they hold this trial? Can't imagine a place they could get a "fair" trial.
What we do not know is if Minnesota is one of the states where
the charges have the fit the crime exactly, I.E. no lessor charges can be considered. This would appear to be the case because the first
charges were 3rd degree Murder and Manslaughter.
Had a lessor charge been available to the jury then just 3rd degree murder would suffice, and the Jury could convict on the lessor charge.
Here is the 2nd degree murder qualifications.
Minnesota Second-Degree Murder
For 2nd degree murder the state will have to prove that Derek Chauvin intended to kill George Floyd,
He did kill him, but how do you prove that was his intent?
As to the other elements.
It was not a drive-by shooting
No other felony was involved, or at least is not charged.
And George Floyd did not have an order of protection against Derek Chauvin.
I think it is a large risk, to look good for the press! They should go with the sure thing!
The worst thing that could happen in this case, would be the prosecutor overreaches, and the trial ends without a conviction.
What we do not know is if Minnesota is one of the states where
the charges have the fit the crime exactly, I.E. no lessor charges can be considered. This would appear to be the case because the first
charges were 3rd degree Murder and Manslaughter.
Had a lessor charge been available to the jury then just 3rd degree murder would suffice, and the Jury could convict on the lessor charge.
Here is the 2nd degree murder qualifications.
Minnesota Second-Degree Murder
For 2nd degree murder the state will have to prove that Derek Chauvin intended to kill George Floyd,
He did kill him, but how do you prove that was his intent?
As to the other elements.
It was not a drive-by shooting
No other felony was involved, or at least is not charged.
And George Floyd did not have an order of protection against Derek Chauvin.
I think it is a large risk, to look good for the press! They should go with the sure thing!
What we believe and what can be proven in court may not be the same thing.Yeah i hear ya. I think their previous assault on him moments before will help to determine intent and the fact that they knew what they were doing was going to kill him also gives away the intent. I dont believe this was an oopsie.
Intent can be hard to prove. I'd just point to the bottom of his shoe and how it was elevated off the ground pretty much the entire time as well as making conflicting orders where he demanded he get in the car but didn't get off of him. That's a good start.
Do we know what the other officers are charged with, specifically?
Thank you, that was unclear based on the original charges of 3rd degree murder, AND Manslaughter.According to Minnesota law, a jury can still convict on a lesser charge.
Intent can be hard to prove. I'd just point to the bottom of his shoe and how it was elevated off the ground pretty much the entire time as well as making conflicting orders where he demanded he get in the car but didn't get off of him. That's a good start.
Intent can be hard to prove. I'd just point to the bottom of his shoe and how it was elevated off the ground pretty much the entire time as well as making conflicting orders where he demanded he get in the car but didn't get off of him. That's a good start.
That the prosecutor’s office is interpreting the same information as murder three one day and murder two another day only sows reasonable doubt that he is guilty of murder two.
According to Minnesota law, a jury can still convict on a lesser charge.
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