Minneapolis officer's murder charge to be upgraded in George Floyd death, 3 others charged: report

This was what they said they wanted, so why are they still protesting? Because it was never about George Floyd in the first place. I wonder if it was always another scam to try to destroy President Trump and all about the next election. Like the Russian hoax, the Ukraine hoax, impeachment, corona, and now this.

They say they want justice.

They want "an eye for an eye," and they're not going to get it. That isn't how our justice system works.

General Mattis got fired by Trump. Think about that. Enough said.

 

No its you quoting an article that is meant to get you to CALL THE OFFICE for more advice not answer any real questions and I'm showing you how the statute is more nuanced than that article.

Jesus christ man. READ.

3rd degree is ASSAULT. The 2nd degree MURDER charge he's picked up is 2nd degree MURDER not 2nd degree ASSAULT. Citing 2nd degree assault when I'm talking about 3rd is just.... silly. Stop being silly.
You can refer to the prior post for a link to the assault statutes.
Here is a link to the second degree MURDER statute: https://statelaws.findlaw.com/minnesota-law/minnesota-second-degree-murder.html
and here is the subdivision or 'limb' which he's going to catch: "
Subd. 2.Unintentional murders.

Whoever does either of the following is guilty of unintentional murder in the second degree and may be sentenced to imprisonment for not more than 40 years:

(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; or"

^ Now. Tell the class what the operative words for intent are in that statute. I've given you a rather large hint. Think hard.

Therefore: read the statute for 3rd degree assault, which I linked you to, and tell me why you think it doesn't apply. Don't get off in the weeds talking about 2nd degree assault which I did not say applied, and don't confuse 2nd degree ASSAULT with 2nd degree MURDER.

 

It is evident that some people love it when the Slave Patrol murders black people and kicks white women in the face and attacks tv reporters.

 

I agree, if Trump loses or wins it's near certain.

 

What people? Certainly not these poor coppers who are being railroaded to appease the mob?

 

So, if PODS trump quits in the next hour the protests and looting will stop. That sounds like a great solution. Why does PODS trump hate America so much that he won't resign?

 

What people? Certainly not these poor coppers who are being railroaded to appease the mob?

 

You make good points but I would add there is an additional factor, we expect the police to deal with violent criminality and confrontation that we do not expect of anyone else in society, therefore they must be given the benefit of the doubt where other people aren't.

 

They're not being railroaded.
When you hear "i don't have any vitals" from the other cop, and the subject has lost consciousness, and you keep your knee on his carotid for 3 more minutes, that's a crime. They're jammed up for murder and manslaughter, 2nd degree on both. 2nd degree murder in MN includes a subdivision that doesn't require intent to kill only that you committed a felony. Such as the 3rd degree assault his excessive use of force leading to substantial bodily harm evidences. Prove that, and you've got 2nd degree murder subdivision 2 because a man died during the commission of the felony.

 

Because obviously the basis of the justice system is it should bow to those who threaten the most violence?

 

Don't you know this is America and that the people have the right to govern themselves when the bureaucrats become irresponsible? The people want the elite to hold the killer thug cops responsible for their criminal acts of murder and mayhem against American citizens. If the bureaucrats wont do it then the people have the right to revolt because the country belongs to them and they are the ultimate Boss. This is not Israel. Go defend that despicable crook and murdering war criminial Net and yahoo who is stealing Palestinian land at this very second.

 

I'm sure they'll find a much better one, police union followed by whomever their GoFundMe can hire.

 

No, we don't know he was pressing down, they did call the ambulance and they were executing their force in the call of duty, the question is was that force reasonable.

 

What on EARTH are you talking about?

 

Both autopsies list the restraint as direct contributing factors to the death. You can also watch him fishing around for the carotid with his shin bone and pressing QUITE hard is proven as the listed contusions and injuries in BOTH AUTOPSIES will show you. You don't get those sort of contusions if someone isn't pressing down with no small amount of force.

Starting the hold in a generalized situation you might get away with. Keeping it going for 10 minutes while he's cuffed and you've got two other cops holding him down, and 3 of those minutes being a) after the subject entirely and visibly loses consciousness b) one of the other cops twice tells you you should turn him over so he doesn't suffer the exact problem he suffered and you overrule him because you are senior and he doesn't stop you and c) after yet another cop tells you he can't get a pulse, and you INITIATED that hold by yanking his handcuffed ass out of the car you had just gotten him into (ie you didn't need to do that he was already in the car and cuffed), that's not going to be excusable.
Its going to be assault, and since it caused substantial bodily harm (see autopsies. Plural) its 3rd degree in MN, a felony, and since a man died in the commission of a felony that's 2nd degree murder subdivision 2 in MN.

 

And that is exactly what keeps happening in cities across this country and it is black lives that are deemed expendable over and over again in case after case where lethal force, and physical force is excessive to the situation. Its that double standard where police are not held to the same standard as everyone else is and the result is nothing happens when a black man gets shot and killed with 41 bullets, for reaching for his wallet in front of his own door and no weapon near or on him. OOOPS Sorry bout that. ' Our thoughts and prayers are with the loved ones' https://en.wikipedia.org/wiki/Shooting_of_Amadou_Diallo

We can't keep excusing away every cop who kills someone who did not need to die and expect not to have riots when the pattern is noticed in the black community.

 

This is one of the saddest times in our nation's history......and here you are hoping and wishing that the cops walk. You're the problem with this country.

 

These people are thugs and rioters and looters, murdering and killing anyone that they want. They’re destroying peoples livelihoods and their businesses, they are evil and will be stopped. This may frustrate you but nonetheless it is happening. The narratives the main stream media and Democrats have put out led to this, and eventually their chickens will come home to roost.

 

Quote me saying I hope the cops walk or withdraw the claim, I have been perfectly clear otherwise. YOU'RE the problem with this country touting false stories.

 

But was it continuous? Floyd died because he was a drug addict, the restraint used wouldn't have killed an ordinary person. The force used to restrain him once he started resisting was justified, it's the knee on the neck which is controversial and the amount of care given which is controversial.

 

Can't wait for the Nationally Televised Trial and Guilty Verdict.

There is no way these cops get acquitted.

The jurors will be well aware that a Not Guilty Verdict will bring More Looting...

 

You mean like how George Zimmerman was found guilty.....no wait.

 

From the tape, yes it was. As stated you can watch Chauvin fishing around with his shin bone. You can see the contusions this caused in the autopsies from the constant pressure. You can see him and hear him refuse to shift position at all despite twice being informed this was against training by one cop and that Floyd was showing no vital signs. Not to mention he was visibly unconscious at that time. And he continued to sit on his neck.
Nor is it in question that they had Floyd in cuffs and IN THE CAR when Chauvin decided to yank him back OUT of the car and sit on his neck. Yanking him out of the car after he's restrained and in custody and sitting on his neck for no apparent reason is excessive force IE a form of assault. In MN, when you assault someone and actual serious injury occurs, its 3rd degree assault which is a felony. When someone dies during the commission of a felony, the participants in the felony catch felony murder. In MN that is 2nd degree murder, subdivision 2. Since the other cops had notice they weren't supposed to be doing this, AND they continued doing it after he lost consciousness, AND they abetted Chauvin's excessive force by helping him when he got Floyd out of the car, they're accomplices.

You'll have to defeat the underlying felony, which you cannot do. These men are going in.

As to Floyd having dope in his system: 1) None of those concentrations are a whole lot for an experienced user, according to my friend the prosecutor. You routinely see Fentanyl numbers in the 20's or higher, and amphetamines from smoking recently would sit around 250 or higher; 2) just as with his heart disease, this makes him what is known as an "eggshell plaintiff". In the US, you take your victim as you find him, you don't get to say "but that punch wouldn't have killed a normal man!" as a defense. Particularly when they die during your commission of a felony. Let's use an example: You and your buddy go to rob a store. You bring in nerf guns, so there's no chance of you shooting someone. Totes safe right? Well when you bust in, you yell "BANG!" and it scares the **** out of the clerk (who is an elderly person with heart disease) who promptly falls to the ground having cardiac issues. He dies.
Are you and your buddy guilty of murder? Absolutely.
Let's say instead that you come in the door and he plugs your friend. Are you guilty of murder? Absolutely you are, even though he pulled the trigger.
See how that works?

Now let's relate that back: You're a cop arresting someone. You get them in cuffs and locked up in the back of your squad car. You then pull yank them back out, throw them on the ground and sit on their neck while 2 other officers sit on his diaphragm and legs. During the next 7 minutes he complains he cannot breathe, seems to be losing his mind even in panic, then he ceases to move or speak at all and loses consciousness. During this 7 minutes one of your trainees twice tells you this is specifically what they've been trained NOT to do. You override him. Twice. At the end of the 7 minutes, another of your trainees tells you there is no pulse. You continue to apply a carotid hold to the unconscious person. He dies on the scene as medics race him to the hospital. Resuscitation is unsuccessful and he's pronounced officially at the hospital.

Your use of force in this instance was excessive, and did substantial bodily injury to the subject, making it 3rd degree assault. He died. That makes it felony murder.

 

No it doesn't, he had no intent and only the officer himself can explain the exact situation. He's losing his mind because he's a methead high on opiates.

 

I don't want to scroll thru 5 pages of thread, so I hope this isn't already covered. I see recent posts have moved to Roger Stone (?) so I'll assume it isn't

I'm reading today that the other 3 cops in this case probably won't be presenting a united front with the main cop...

SNIP
Two of the former police officers charged with aiding and abetting in the killing of George Floyd turned on the senior officer accused in the case, making for an extraordinary court appearance Thursday afternoon. A third officer was cooperating with authorities, a sign that the four fired officers would not be presenting a united front.

Earl Gray, the lawyer representing Lane, 37, told the court that Chauvin was a training officer for new officers. He said that the day Floyd died was Lane’s fourth day on the force.

“They’re required to call him ‘Sir,’” Gray told the court. “He has 20 years’ experience. What is my client supposed to do but to follow what the training officer said? Is that aiding and abetting a crime?”

Tom Plunkett, the lawyer representing Kueng, 26, said Chauvin was his client’s main training officer. Though police records show that Kueng had become a police officer in December, he was only on his third shift as a full-fledged officer when Floyd was killed, Plunkett said.
ENDSNIP

https://www.yahoo.com/news/officers-charged-george-floyds-death-190215541.html

If true, I think those are solid defense arguments... (But LOL at a lawyer named Earl Gray)