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All four former officers involved in George Floyd's killing now face charges, Sen. Klobuchar says

The "felony murder" rule is a throwback to the common law in England, but has been codified in most jurisdictions. Different jurisdictions put it in different areas of their codes. Most US jurisdictions follow some aspects of the "Model Penal Code" - a uniform set of recommendations from the 60s. Minnesota is one of these.

I have been perusing the Minnesota criminal code to try to understand the details of this case. Some chapters that may be of interest to others:
609.06 AUTHORIZED USE OF FORCE.
609.066 AUTHORIZED USE OF DEADLY FORCE BY PEACE OFFICERS.
609.19 MURDER IN THE SECOND DEGREE.
vs
609.195 MURDER IN THE THIRD DEGREE.
609.05 LIABILITY FOR CRIMES OF ANOTHER.
That is the issue, for 2nd degree murder the prosecution has to prove,
(1) causes the death of a human being, without intent to effect the death of any person,
while committing or attempting to commit a felony offense other than criminal sexual conduct
in the first or second degree with force or violence or a drive-by shooting;
Because not other felony was charged, it is questionable they can meet the requirement,
"while committing or attempting to commit a felony offense".
3rd degree does not have that requirement, and so should be almost an assured conviction.
 
That is the issue, for 2nd degree murder the prosecution has to prove,
(1) causes the death of a human being, without intent to effect the death of any person,
while committing or attempting to commit a felony offense other than criminal sexual conduct
in the first or second degree with force or violence or a drive-by shooting;
Because not other felony was charged, it is questionable they can meet the requirement,
"while committing or attempting to commit a felony offense".
3rd degree does not have that requirement, and so should be almost an assured conviction.

I haven't seen the "information"/charging document, but I assume assault would be charged as an element of the offense rather than a separate charge. That would allow 609.04 CONVICTION OF LESSER OFFENSE:
Subdivision 1.Lesser offense prosecution. Upon prosecution for a crime, the actor may be convicted of either the crime charged or an included offense, but not both. An included offense may be any of the following:
(1) a lesser degree of the same crime; or

(2) an attempt to commit the crime charged; or

(3) an attempt to commit a lesser degree of the same crime; or

(4) a crime necessarily proved if the crime charged were proved; or

(5) a petty misdemeanor necessarily proved if the misdemeanor charge were proved.


As I understand it, the theory of the case is that once Floyd was subdued/restrained, continued use of force was unnecessary, and therefore unlawful. Because officer Chauvin continued to apply force after he had lost that authority, it was an assault/battery - a felony - and that his actions led to George Floyd's death. I think anyone who watched the video (and that will include the jurors, and the 17-year-old girl that filmed it) can see that continued force was unnecessary. It was just cruelty.

I think the bigger issue may be whether that is what killed him. The coroner seemed to think so. By the way, the level of assault could also lead to a 20-year sentence: 609.221 ASSAULT IN THE FIRST DEGREE.
Great bodily harm. Whoever assaults another and inflicts great bodily harm may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000, or both.
 
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I am very curious about the relationship between Floyd and the officer. They knew each other - they worked together. I wonder if there's something else there that we'll learn later....

That's what I'm thinking. If Chauvin knew (worked with) Floyd, he either liked him or not. If he liked him, why the taunting (get in the car - while holding him down); if he didn't like him it seems likely some wish to harm was involved. I believe Chauvin's action was not objective.
 
That depends on the criteria for what "right" means in "the right move". From a legal tactics perspective it is the "right move" if the jury is allowed to consider a lessor charge. If not, its a bad move.

And from a "lawful" perspective I am increasingly convinced there may be no right move. There is little to prove "intent", nothing to show asphyxia as the cause of death, and reputedly it is an approved procedure in the department.

Even 3rd degree murder is a stretch. Maybe 2nd degree manslaughter … maybe.

Here is a video in which a cardiologist informally discusses cause of death, which involved "positional asphyxia" due to the force with which he was pressed down

YouTube

This video (third video down in article) shows that it was not just Chauvin pressing on Floyd's neck with his left knee, but also using his right knee to push on his chest, and another officer is pressing on his back; this supports the cardiologist's discussion of how Floyd couldn't get enough chest expansion to fully breathe in. It was actually a slow asphyxiation, which is TORTURE.

3 more Minneapolis officers charged in George Floyd death, Derek Chauvin charges elevated

Added to the fact that not one officer suggested doing CPR when they lost his pulse, for THREE MINUTES, I think they knew they were killing him.
 
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Re: AG Keith Ellison to elevate charges against officer who knelt on Floyd's neck....

He had a black glove with his hand on his dark colored pants, never in his pocket.

true, but his hand was resting lightly and he managed to haul out some mace to use against bystanders
 
From the very beginning I thought those other officers had a duty to stop what was happening.


What we were privy to is this cop who was white putting his knee on a black man's neck while he was begging for air.


Well today they released the pictures of the other three that were involved. It is quite a "diverse" group . Only one of the three is white.


So my sincere question is how can there be a systemic racial problem in this country when people of color in police departments are involved?


And since Ms. Klobuchar is mentioned in the OP, she was the top prosecutor in Minneapolis prior to becoming a senator. During her time as prosecutor she was faced with multiple complaints of officer Derek Chauvin, and she refused to prosecute him. I think she needs to be asked about that because if she would have pursued a prosecution Chauvin would not have been on the force and Floyd may still be alive.

do you have any links to prior complaints against Chauvin?
 
Here is a video in which a cardiologist informally discusses cause of death, which involved "positional asphyxia" due to the force with which he was pressed down

YouTube

This video (third video down in article) shows that it was not just Chauvin pressing on Floyd's neck with his left knee, but also using his right knee to push on his chest, and another officer is pressing on his back; this supports the cardiologist's discussion of how Floyd couldn't get enough chest expansion to fully breathe in. It was actually a slow asphyxiation, which is TORTURE.

3 more Minneapolis officers charged in George Floyd death, Derek Chauvin charges elevated

Added to the fact that not one officer suggested doing CPR when they lost his pulse, for THREE MINUTES, I think they knew they were killing him.

In other words, the autopsy couldn't show that he died from a session of breath caused heart failure, or if heart failure caused him to stop breathing.

Baden's supposition is unsupported by actual medical examination, so he looks at a video and posits a theory that may or may not be true. Unless the good doctor has an eyeball that detects lbs of force applied, its nothing more than an intuition (and quite contrary everyone's ears hearing all the loud complaining by Floyd in prior minutes that he couldn't breath).

Finally, while I watched most, but not all, the video I didn't see anyone monitoring his pulse or announcing when his pulse stopped. I did note, however, that at least one officer asked Chauvin to turn Floyd on his side because he grew concerned (none the less he was also charged).
 
In other words, the autopsy couldn't show that he died from a session of breath caused heart failure, or if heart failure caused him to stop breathing.

Baden's supposition is unsupported by actual medical examination, so he looks at a video and posits a theory that may or may not be true. Unless the good doctor has an eyeball that detects lbs of force applied, its nothing more than an intuition (and quite contrary everyone's ears hearing all the loud complaining by Floyd in prior minutes that he couldn't breath).

Finally, while I watched most, but not all, the video I didn't see anyone monitoring his pulse or announcing when his pulse stopped. I did note, however, that at least one officer asked Chauvin to turn Floyd on his side because he grew concerned (none the less he was also charged).

I think that's the one officer that is going to get the least amount of.....punishment, in this scenario. Be interesting to see if they use one lawyer, or they all get seperate lawyers and try to get separate trials.
 
From what I am seeing on facebook commentary from people most seem to be glad there are charges and more interested in making a charge stick instead of trying to go for the sky and losing everything.
 
Because if it was that important to you, you know where google is....

You made the claim, so don't play dumb with me.
Your claim, you back it up.
If you don't know the rules, don't play the game.
 
As I understand it, the theory of the case is that once Floyd was subdued/restrained, continued use of force was unnecessary, and therefore unlawful. Because officer Chauvin continued to apply force after he had lost that authority, it was an assault/battery - a felony - and that his actions led to George Floyd's death. I think anyone who watched the video (and that will include the jurors, and the 17-year-old girl that filmed it) can see that continued force was unnecessary. It was just cruelty.

Yup.
In LA, when a suspect is grounded, disarmed or determined to be unarmed, and in cuffs, they are "Code 4".
Code 4 is cop jargon for "SUSPECT IN CUSTODY".

Once a suspect is Code 4, the rough stuff is supposed to stop, suspect is supposed to be transported, three hots and a cot, see the judge and post bail if bail is an option...bam, cake, done.

Very early on in my freelance video news journo career I watched as a giant of a Samoan man was thrashing about at a block party, leaving numerous injuries in his path of rage.
I observed him exiting the door of a home just before starting his tirade...he had to slip through the door partly sideways due to his enormous frame and he barely cleared the top of the doorway.
This man mountain was, in my estimation, at least 6'8" or taller and seemed to be well north of four hundred pounds.

The scanner indicated that LAPD had arrived.
Four officers approached the man and I thought for all the world that my camera was about to witness my first officer involved shooting.
It was clear he was a well known "problem client" because they all knew his name and they said that they "didn't want any trouble" but trouble was on the menu as he tossed three of them halfway across the yard like stuffed toys and then charged the fourth.

Four MORE cops arrived as backup, and the melee continued.
Taser deployed, but Man Mountain calmly plucked it from his chest and just got madder.
"Any second now", I muttered silently, "this is gonna be very bloody".

And yet somehow they finally managed to subdue him.
It was indeed VERY messy but...not fatal.
And the moment that they got him HOG-TIED, the tension relaxed and the rough stuff was over, even despite me overhearing cops talking about cracked ribs and a couple of them displaying facial injuries. He laid waste to pretty much all of them one way or another.
I even overheard one cop wondering aloud jokingly if they should have called the entire Pacific Division, which was only three blocks away.

But Man Mountain and the officers all survived and it took four of them to heave him into the paddy wagon, no way were they going to be able to shoehorn him into the back of a patrol car.

But my point is, this was still a largely by the book takedown and the line where he was "Code 4" was clear and obvious and the officer's reactions showed as such. Once he was Code 4, all of them went into a normal type of conduct.
 
While all 4 should be charged, Minnestoa's AG is running the risk now of overcharging. I don't think there is evidence for Murder 2 in this case, and even Manslaughter 2 is problematic unless it can be demonstrated conclusively that George Floyd died from the submission hold.

I think there is a very good case for criminal neglect under MN statute 609.233 since, regardless of cause of death, George Floyd fit the definition of "vulnerable person" under 609.232 Subd. 11(4)(ii) and the officers would be required to render aid to him since he was in their custody and they had rendered him incapable of acquiring aid on his own.

I would say Criminal Neglect and maximum sentence (10 years) for all 4.
 
Let's add this guy to the pile of those getting arrested shall we? Do your think internet.


WATCH: Wanted Biker Assaults Child Posting George Floyd Flyers in Maryland

A video featuring a man getting off his bicycle to assault a child attempting to post protest flyers in the name of George Floyd went viral on Twitter. The alleged altercation took place in the Capital Crescent Trail on June 1, according to Maryland-National Capital Park Police, near the Dalecarlia Tunnel in Bethesda.

The Park Police tweeted, “We are seeking the public’s assistance in identifying the below individual in reference to an assault that took place this morning on the Capital Crescent Trail. Please contact Det. Lopez at 301-929-2774 with any information. Please reference case number 20001297.”​
 
Re: AG Keith Ellison to elevate charges against officer who knelt on Floyd's neck....

He had a black glove with his hand on his dark colored pants, never in his pocket.

So....he still didn't need to use it did he? So still, my point stands. No struggle from the dying man.
 
In other words, the autopsy couldn't show that he died from a session of breath caused heart failure, or if heart failure caused him to stop breathing.

Baden's supposition is unsupported by actual medical examination, so he looks at a video and posits a theory that may or may not be true. Unless the good doctor has an eyeball that detects lbs of force applied, its nothing more than an intuition (and quite contrary everyone's ears hearing all the loud complaining by Floyd in prior minutes that he couldn't breath).

Finally, while I watched most, but not all, the video I didn't see anyone monitoring his pulse or announcing when his pulse stopped. I did note, however, that at least one officer asked Chauvin to turn Floyd on his side because he grew concerned (none the less he was also charged).

severely restricted breathing, combined with pressure on the carotid artery (in the neck) would cause heart failure. If his heart failed at that time for some other reason, it would be a remarkable coincidence.
 
severely restricted breathing, combined with pressure on the carotid artery (in the neck) would cause heart failure. If his heart failed at that time for some other reason, it would be a remarkable coincidence.

Not for a stressed out drug addict. Besides, were you not advancing Baden's argument on asphyxia from knee, back pressure? Sounds like fishing for an explanation, throwing back fish that aren't fitting the political narrative.
 
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Let's add this guy to the pile of those getting arrested shall we? Do your think internet.


WATCH: Wanted Biker Assaults Child Posting George Floyd Flyers in Maryland

A video featuring a man getting off his bicycle to assault a child attempting to post protest flyers in the name of George Floyd went viral on Twitter. The alleged altercation took place in the Capital Crescent Trail on June 1, according to Maryland-National Capital Park Police, near the Dalecarlia Tunnel in Bethesda.

The Park Police tweeted, “We are seeking the public’s assistance in identifying the below individual in reference to an assault that took place this morning on the Capital Crescent Trail. Please contact Det. Lopez at 301-929-2774 with any information. Please reference case number 20001297.”​

What is wrong with some people?
 
Not for a stressed out drug addict. Besides, were you not advancing Baden's argument on asphyxia from knee, back pressure? Sounds like fishing for an explanation, throwing back fish that aren't fitting the political narrative.

1. where is the toxicology report that shows Floyd was on anything?
2. I hadn't even heard of Baden when I wrote this, and I did not throw any fish back. From the beginning I knew that the neck and back pressure would cause gradual asphyxiation leading to cardiac arrest.
3. Do you support police killing people by restraint?
 
1. where is the toxicology report that shows Floyd was on anything?
2. I hadn't even heard of Baden when I wrote this, and I did not throw any fish back. From the beginning I knew that the neck and back pressure would cause gradual asphyxiation leading to cardiac arrest.
3. Do you support police killing people by restraint?

First, the full medical examiner’s report (~20 pages) from the Hennepin County Medical Examiner’s Officer, shows that there was no apparent injury of any kind to Floyd’s neck, and also documenting his heart disease and atherosclerosis, as well as the toxicology results for his fentanyl, methamphetamine, and THC levels.

https://www.hennepin.us/-/media/hen...-safety/documents/Autopsy_2020-3700_Floyd.pdf

Arteriosclerotic heart disease, multifocal, severe...

1. Fentanyl 11 ng/mL
2. Norfentanyl 5.6 ng/mL
3. 4-ANPP 0.65 ng/mL
4. Methamphetamine 19 ng/mL
5. 11-Hydroxy Delta-9 THC 1.2 ng/mL; Delta-9 Carboxy THC 42 ng/mL; Delta-9 THC 2.9 ng/mL
6. Cotinine positive
7. Caffeine positive

"90% blockage of the RCA and sickle cell trait? The right side of his heart, which includes the primary pacemaker (the SA node) would be oxygen deprived on a good day, much less while wrestling with the cops." ("Divemedic')

Second, if "From the beginning (you) knew that the neck and back pressure would cause gradual asphyxiation leading to cardiac arrest." then obviously you made up your mind on the cause of death without knowledge of either the ME report or Baden's autopsy. You might have known that might cause gradual asphyxiation leading to an arrest, but you couldn't "know that it would" or actually did - and you still don't.

Third, no, I don't generally support intentional police killing or brutality in restraint. I do support doing what is minimally necessary to bring a perp under control in a manner not harmful to the officers or that would permit the miscreant to successfully resist his/her arrest.

And if that requires a knee to the neck, a billy club, mace, a taser, or gun...so be it.

On this particular event, I remain uncertain as to the cause of death but it is equally plausible that his severe heart disease and drug usage contributed to or primarily caused his death, triggered what is usually non lethal stress and force employed in the arrest.
 
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First, the full medical examiner’s report (~20 pages) from the Hennepin County Medical Examiner’s Officer, shows that there was no apparent injury of any kind to Floyd’s neck, and also documenting his heart disease and atherosclerosis, as well as the toxicology results for his fentanyl, methamphetamine, and THC levels.



"90% blockage of the RCA and sickle cell trait? The right side of his heart, which includes the primary pacemaker (the SA node) would be oxygen deprived on a good day, much less while wrestling with the cops." ("Divemedic')

Second, if "From the beginning (you) knew that the neck and back pressure would cause gradual asphyxiation leading to cardiac arrest." then obviously you made up your mind on the narrative without knowledge of either the ME report or Baden's autopsy. You might know that might cause gradual asphyxiation leading to an arrest, but you couldn't "know that it would" or did - and you still don't.

That you now claim were not fishing for a plausible rationalization, before or after adopting your conclusion, isn't helping your persuasiveness.

Third, no, I don't generally support intentional police killing or brutality in restraint. I do support doing what is minimally necessary to bring a perp under control in a manner not harmful to the officers or that would permit the miscreant to successfully resist his/her arrest.

And if that requires a knee to the neck, a billy club, mace, a taser, or gun...so be it.

I'm sorry, the actions of Chauvin were on the order of the gestapo. Did you see the expression on his face? He was enjoying himself while taunting Floyd:"you want to get up? then get in the car -tee hee hee - well, get in the car with three men on top of you. He also had a record of 14 previous abuse citations - the man is evil
 
As I understand it, the theory of the case is that once Floyd was subdued/restrained, continued use of force was unnecessary, and therefore unlawful. Because officer Chauvin continued to apply force after he had lost that authority, it was an assault/battery - a felony - and that his actions led to George Floyd's death. I think anyone who watched the video (and that will include the jurors, and the 17-year-old girl that filmed it) can see that continued force was unnecessary. It was just cruelty.
Can anyone provide another Minnesota case where a felony murder conviction was achieved where the underlying felony was itself the act that led to the death of the victim? I'm unfamiliar with such a use of the felony murder statute. It's used to prosecute stuff like an accomplice dying in a car crash during the getaway chase after a bank robbery. I've never heard of the provision being used to prosecute someone whose underlying felony was the assault that caused the death in the first place.
 
While all 4 should be charged, Minnestoa's AG is running the risk now of overcharging. I don't think there is evidence for Murder 2 in this case, and even Manslaughter 2 is problematic unless it can be demonstrated conclusively that George Floyd died from the submission hold.

I think there is a very good case for criminal neglect under MN statute 609.233 since, regardless of cause of death, George Floyd fit the definition of "vulnerable person" under 609.232 Subd. 11(4)(ii) and the officers would be required to render aid to him since he was in their custody and they had rendered him incapable of acquiring aid on his own.

I would say Criminal Neglect and maximum sentence (10 years) for all 4.
Using 609.233 is a stretch, and likely too much of a stretch. The statute is in the context of health care facilities and providers. No indication is made that restrained suspects become "vulnerable adults" for the purposes of the statute. Further, even if we were to grant your expansive reading of 609.232 as to the definition of "vulnerable adult," you are still can't make the statute apply because 609.233 prohibits actions by a "caregiver or operator." The officers do not meet the definition of either term under 609.232.

What's your Plan B?
 
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