This looks more and more like dirty cops executing someone who knew too much about them. Drugs, counterfeit money, who knows what else. Doesn't really matter except to the nature of what murder degree to charge them with, but it's pretty obvious they had more than a pass in the night acquaintance. Explains why the other 3 just watched. They were more afraid of what Floyd had on them than a possible murder charge. Tells you just how untouchable they thought they were.
Criminal Charges in George case
- Thread starter El OchoCinco
- Start date
After some research this is my belief for the rationale based on legal discussions I have found:
Murder 3 in MINN:
As the state’s highest court stated in State v. Barnes (2006), unlike other forms of murder, “[d]epraved mind murder … cannot occur where the defendant’s actions were focused on a specific person.”
Long story short, Murder 3 is truly for unintentional death with actions not directed to a specific person.(firing gun in crowd, drunk driving)
Murder 2:
"Minnesota law defines unintentional second-degree murder as unintentionally causing the death of another while committing a felony offense—something often referred to as “felony murder.”
The argument goes like this: Chauvin’s use of forceful restraint on a handcuffed, prone, and unresponsive man suffering from clear cardiovascular distress was an unjustified use of force under state law. This was not just an excessive use of force for which he could be fired, but a crime of either first- or third-degree assault.
If Chauvin’s criminal assault played a causal role in Floyd’s death (and it appears it did), then he is guilty of felony murder, even if he did not intend for his assault to kill Floyd."
THEREFORE, based on my reading of these issues, the DA CANNOT charge Chauvin with Murder 3 and had to either elevate it to Murder 2 or lower it to Man2.
Since there is no good environment to LOWER the charges, they were elevated to MURDER 2.
Thus I do not believe there can be any charges for Murder 3 at all in this case.
"In layman’s terms, then, this means that—at least in Minnesota—if the state can prove Chauvin committed felony assault against Floyd, and that Floyd died as a result, then Chauvin is guilty of unintentional second-degree murder."
Take on the other 3 officers from another source:
"In State v. Parker (1969), the state Supreme Court found there was enough evidence for a jury to convict where the defendant was present and “did nothing to prevent the offenses committed or the brutal beating the victim endured.”
Why? Because, under the circumstances, “[h]e must have known of the robbery and made no effort to stop it” and “under the circumstances, his presence and acts helped to make all the crimes possible.”
There is certainly an argument to be made that the other officers recognized or should have recognized that Chauvin’s use of force was neither reasonable nor authorized, and their actions (and inactions) effectively made Chauvin’s continued assault possible.
Moreover, the Minneapolis Police Department has a policy mandating that officers intervene “when force is being inappropriately applied or is no longer required.”
This policy does not necessarily create a legal duty, but it does support an argument that the officers should have known better and intervened, which they failed to do."
"In State v. Parker (1969), the state Supreme Court found there was enough evidence for a jury to convict where the defendant was present and “did nothing to prevent the offenses committed or the brutal beating the victim endured.”
Why? Because, under the circumstances, “[h]e must have known of the robbery and made no effort to stop it” and “under the circumstances, his presence and acts helped to make all the crimes possible.”
There is certainly an argument to be made that the other officers recognized or should have recognized that Chauvin’s use of force was neither reasonable nor authorized, and their actions (and inactions) effectively made Chauvin’s continued assault possible.
Moreover, the Minneapolis Police Department has a policy mandating that officers intervene “when force is being inappropriately applied or is no longer required.”
This policy does not necessarily create a legal duty, but it does support an argument that the officers should have known better and intervened, which they failed to do."
A person who comes out looking like a horse's necktie here is Amy Klobuchor with her ridiculous "I always referred the police brutaliy cases to the grand jury to let them decide" bullshiite.
It is more than obvious to anyone who is familiar with the system- and as is demonstrated by this case- that a motivated prosecutor who takes a position is what moves the case and the charges. Otherwise as I said before "just sending it to the grand jury is a prosecutors way of either not making a decision or sending it to an elephant burial ground." Just flopping it out before a grand jury is bullshiite. The jurors are looking for the state to make a probable case before the grand jury. How do we know what kind of argument that Klobuchar/her office made before the grand jury. A prosecutor can get an indictment on almost anyone they want, or not if they just want to get a case tabled.
Nope. Her bullshiite is a dog that don't hunt for me. She was and still is part of the problem.
It is more than obvious to anyone who is familiar with the system- and as is demonstrated by this case- that a motivated prosecutor who takes a position is what moves the case and the charges. Otherwise as I said before "just sending it to the grand jury is a prosecutors way of either not making a decision or sending it to an elephant burial ground." Just flopping it out before a grand jury is bullshiite. The jurors are looking for the state to make a probable case before the grand jury. How do we know what kind of argument that Klobuchar/her office made before the grand jury. A prosecutor can get an indictment on almost anyone they want, or not if they just want to get a case tabled.
Nope. Her bullshiite is a dog that don't hunt for me. She was and still is part of the problem.
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Passing the buck basically..