Minneapolis ex-officer who knelt on George Floyd's neck is in custody and faces a murder charge

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Lord have mercy on the souls of the victim and alleged perpetrators.
 
RidgeSprinter said:
Then what appears to be a murder.
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While what we all saw certainly did appear to be a murder, before the officer can be arrested there needs to be a decent amount of information leading to the conclusion that it actually was a murder. If they charge his incorrectly it could really mess up the case.

I am in no way saying that cop should not be charged, he should be charged, convicted and sent away for the rest of his life. I just want it to be done right.
RidgeSprinter said:
  1. “Code Of Silence” amongst Police Department and District Attorney’s Office?
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Nope
 
I don’t think Horton said otherwise; the point was rushing to slap charges can often backfire on the prosecution. Most people think what he did was murder, and he is being charged as such. No need to comment just to comment because Horton disagrees with you on everything.
 
Horton said:
that it actually was a murder.
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Third degree, I believe. Or manslaughter. They haven’t charged him with premeditated murder —yet. The four of them could also be charged with police brutality and assault using excessive force. Witnesses are aplenty in case the judge rules against using videos.
 
ProVobis said:
The four of them could also be charged with police brutality and assault using excessive force
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Do you know for sure these are enumerated crimes in the criminal statutes of Minnesota? Police Brutality and Assault Using Excessive Force? Are they listed in Minnesota criminal code? I looked and their not, so those cops can’t be charged with something that isn’t specifically against the law. Now before you or others jump to the conclusion that somehow I believe these cops are innocent or justified in some way, I’m not. I believe the should be prosecuted to the fullest extent of the law and put away for the rest of their lives.

To charge his first degree murder a set of circumstances has to be in place, such as premeditation. At the time this officer was charged the DA or Prosecuting Attorney may not have felt those circumstances were in place. If they charged first degree murder and can’t prove premeditation, the cop walks free, can’t be tried again for killing George Floyd. The state will have lost any chance they have to get justice for Mr. Floyd.
 
You could be right. My knowledge of criminal law is limited to what I watch on tv and served as a juror.
 
I don’t think any argument can be made for premeditation. At the same time he kneeled on Mr. Floyd’s neck for over 8 minutes. At some point, whether death was due to asphyxiation (which apparently it wasn’t) or underlying health conditions (which apparently it was) that it strikes me as such a flagrant disregard for human life, and for the duties we at least assume police should uphold, that it seems to sit astride an ethical line between negligence and premeditation.

Honestly what hits me the hardest isn’t Chauvin, it’s the three officers whose moral compass seems so askew that they stood there and let it happen.
 
I understand how you feel. But let’s wait and see what comes forth for these officers before we loose faith in the system.
 
Horton said:
Do you know for sure these are enumerated crimes in the criminal statutes of Minnesota? Police Brutality and Assault Using Excessive Force? Are they listed in Minnesota criminal code? I looked and their not, so those cops can’t be charged with something that isn’t specifically against the law. Now before you or others jump to the conclusion that somehow I believe these cops are innocent or justified in some way, I’m not. I believe the should be prosecuted to the fullest extent of the law and put away for the rest of their lives.

To charge his first degree murder a set of circumstances has to be in place, such as premeditation. At the time this officer was charged the DA or Prosecuting Attorney may not have felt those circumstances were in place. If they charged first degree murder and can’t prove premeditation, the cop walks free, can’t be tried again for killing George Floyd. The state will have lost any chance they have to get justice for Mr. Floyd.
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Pretty concise statement, I heard a lawyer speak on this and he said the 3rd degree murder charge does not allow for accessories to murder and then he said neither does the 3rd degree manslaughter charge.

He also said that this might have best been served going to a Grand Jury.

And he also said and I’m not as clear about this, is that charges could possibly be changed in the future.

Yes, we can talk about all 4 should be prosecuted to the full extent of the law but I will say again, this was an approved departmental procedure. That certainly doesn’t mean it is right but those are the facts as they stand.

I’ve seen the picture of the Hmong officer among the four, I’d find it hard to buck the trend and tell the others not to do this.
 
This is the definition for Murder in the 3rd degree, straight from Minnesota criminal code:

609.195 MURDER IN THE THIRD DEGREE.​

(a) Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years.
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This is the definition of Manslaughter charge than makes the most sense.

609.205 MANSLAUGHTER IN THE SECOND DEGREE.​

A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:

(1) by the person’s culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or
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While neither of these call for a life sentence, if sentenced to the maximum allowed, run consecutively, and doesn’t get paroled this guy will serve 35 years. At 41, that’s close to a life sentence.
 
Horton said:
While neither of these call for a life sentence, if sentenced to the maximum allowed, run consecutively, and doesn’t get paroled this guy will serve 35 years.
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Sentences do not usually run consecutive for the same act. Causing death in this situation will usually result in a 10 to 20 year sentence for the general public, sometimes less.

If the other three did not actually break any law, I think that should be one change that is made. It is one thing to fire someone for failure to do their job. It is another to hold them criminally responsible. At the least, I would think they could be held civilly liable, but only if the family was so inclined. I do not know though how far inaction can be prosecuted as a crime.
 
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unicornriot.ninja

New Footage Reveals Moments Before George Floyd's Death - UNICORN RIOT

Minneapolis, MN – While unprecedented protests erupt across the nation, new surveillance footage has surfaced online of the moments before the death of George Floyd. The 46-year-old unarmed African American man was accused of forgery before he was killed by Minneapolis Police Officers on May 25...
unicornriot.ninja unicornriot.ninja

Beatdown starts when he’s already in the back of the squad car, they gotta pull him out to finish the lynching.
 
niceatheist . . . .
I don’t think any argument can be made for premeditation.
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I think you are right, but I understand Floyd and Chauvin knew each other.

That (as you say) doesn’t mean premeditation, but it may alter how Chauvin is charged.
 
pnewton said:
Sentences do not usually run consecutive for the same act. Causing death in this situation will usually result in a 10 to 20 year sentence for the general public, sometimes less.
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I know if convicted of both the sentences would most likely be concurrent but the judge does have some discretion.

The other three did break the law. In my opinion the delay in charging them is getting the charges correct for these circumstances.
 
I believe that continuing an action after the person says, “I can’t breath” and “You’re killing me” raises the charge to 2nd or 1st degree murder. The difference between the two is premeditation.

I think that taking nine minutes to kill someone shows premeditation; that is, he was determined to do it:

(Please Note: This uploaded content is no longer available.)
 
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