Judge in Chauvin trial calls out Rep. Waters for 'abhorrent' comment

El OchoCinco said:
Under the law, other contributing factors to a death do not rule out criminal culpability if your actions also played a role in the death. This is criminal law 101. If Chauvin did not knee his neck and shoulders for 9 minutes the other factors would not have led to his death. Also you dont need to damage a trachea to choke someone out or you never seen MMA or studied martial arts. You just need to collapse the artery in the neck and prevent it from being unobstructed.
More...
He is guilty of using excessive force and very poor judgement which were "contributing" factors in the death of George Floyd. He's not guilty of murder, but is guilty of lesser charges such as assault and/or manslaughter.
Riots will probably occur with anything less than a murder conviction and a public hanging.
 
Nah. Innocent completely.
Floyd was a drug addled criminal thug who couldn’t breathe before he was even put on the ground.
Play stupid games win stupid prizes.
Leftists martyr the stupidest fucking losers.
 
LacesOut said:
Nah. Innocent completely.
More...
That is probably the correct verdict. A decent case can be made for manslaughter, but it really doesn't pass full muster. The jury etc though will be scared to acquit and if kilroy is on the jury it will be 1st degree murder.
 
kmgilroy89 said:
I strongly disagree. A congresswoman stoking chaos based on the outcome is a serious problem. You don't want the jury to feel threatened in any way.
More...

Equally as bad as telling supporters to fight if the election is not overturned....

If that was not a problem then, I don't want to hear from GOP's hypocrisy. Maxine should not have said anything at all like Biden is keeping quiet.
 
CaptainObvious said:
He is guilty of using excessive force and very poor judgement which were "contributing" factors in the death of George Floyd. He's not guilty of murder, but is guilty of lesser charges such as assault and/or manslaughter.
Riots will probably occur with anything less than a murder conviction and a public hanging.
More...


The charges with intent will be impossible to prove. Here are the charges and my opinion:

Second-degree unintentional murder

  • Prosecutors must prove Chauvin caused George Floyd's death, while committing an underlying felony.
  • There is no need to prove intent to kill, just intent to act.
  • If convicted, he could face up to 40 years in prison.
This will be quite difficult to establish an underlying felony and then an intent to act. I assume this charge will be the easiest to be dismissed by the jury.

Third-degree murder

  • Prosecutors must prove Chauvin committed a reckless act that is "eminently dangerous" to others with "depraved mind."
  • If convicted, he could face up to 25 years in prison.
This requires the Prosectution to effectively prove the tactics used by Chauvin were outside the scope of police training and excessive in order to truly prove the reckless act. On the other hand, George handcuffed on his stomach pressed against the car with 3 police man on top of him can be used to show the knee on the neck was excessive and unnecessary and the way Chauvin looked doing it and never flinched or took the pressure off. This will really come down to jury perception and whether Defense attacked the elements of the crime sufficiently. "Deparved Mind" goes to intent and mental state and that is really hard to clearly prove and could trip up the jury finding 3rd Degree.

Second-degree Manslaughter

  • Prosecutors must prove Chauvin was "culpably negligent" and disregarded awareness of substantial risk of great bodily injury or death.
  • If, convicted he could face up to 10 years in prison.
I think this charge will be easier to prove and establish with Prosecution witnesses showing the technique was not a trained technique, was excessive given the situation and unnecessary and with 4 cops present, Chauvin was not in any imminent threat to his life or those around him, not to mention Floyd was handcuffed behind his back. Disregarding awareness of substantial risk was established pretty well from the Prosecution snippets i saw. There clearly was a reckless disregard for his actions and negligence. No reasonable person would expect a person to be kneed for 9 minutes and not suffer bodily injury or possible death.
 
The correct verdict is acquittal with a follow up civil trial where the city pays millions of dollars and Chauvin and the rest of the police dept get training and either Chauvin stays fired or doesn't. ---In this climate though, a conviction is likely.
 
Buy1Sell2 said:
As I said, with folks like you on the jury he does stand a chance of conviction on the murder charges due to Leftist emotions. ---But, he's certainly not guilty of those if the jury is doing their proper job.
More...
You're making statements with nothing behind them. I'm looking at the definitions. Stop the garbage posting.
 
CaptainObvious said:
He is guilty of using excessive force and very poor judgement which were "contributing" factors in the death of George Floyd. He's not guilty of murder, but is guilty of lesser charges such as assault and/or manslaughter.
Riots will probably occur with anything less than a murder conviction and a public hanging.
More...
Felony assault that caused the death is murder.
 
Buy1Sell2 said:
That is probably the correct verdict. A decent case can be made for manslaughter, but it really doesn't pass full muster. The jury etc though will be scared to acquit and if kilroy is on the jury it will be 1st degree murder.
More...
No, there's no evidence that he intentionally murdered him. There's no evidence that it was racially motivated or a hate crime either. Unintentional 2nd Degree Murder is the right conviction in my view. There might be more aggravating factors that add extra time, but I haven't looked at them closely yet.
 
You must log in or register to reply here.
Back
Top