New Report as in the last hour lists “fentanyl intoxication and recent methamphetamine use”
This ABC piece notes what I did earlier that the earlier “preliminary” report had not listed what was the claimed intoxicant, which was strange. Anyway, the new official examiner report differs in major respects from the earlier “preliminary” report, which is unusual to say the least.
If it is known that holding a neck hold for 2+ mins after someone falls unconscious will cause death, and Chauvin continued the hold for 2+ min after Floyd became unconscious and no pulse, is that sufficient to prove intent?
While I disagree with @txlawyer on the charging decision, I agree with him it is going to be very hard to show intent to kill.
It is certainly possible that there will be evidence of some issue between Chauvin and Floyd (who evidently worked together at the same bar) which could be combined with the act of holding him down after he stopped breathing. But it is doing to be hard to convince a jury w/o something else that he intended to kill. The act of causing death through taking dangerous actions (e.g. hitting, stricking, choking) is only 2nd degree murder in MN is you are under a restraining order.
Absent something else it is going to be very hard to get a conviction given MN law for Murder 2.
The question of intent is a matter of the defendant’s subjective state of mind, not what is generally “known.” And you’re basically never going to be able to convince twelve jurors that Chauvin’s subjective intent was “I’m gonna knee this guy in the neck until he’s dead while multiple members of the public and four police bodycams film the whole thing for posterity and possible prosecution for my crime.”
Weak lever. I doubt they get to namecheck every cop on the payroll. Besides, many municipalities self-insure.
I hope that this is a turning point that makes it impossible to shoot an unarmed person by any police officer. Either follow this moral rule or be prosecuted for murder. End of story.
Also "while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree [which gets you Murder 1] with force or violence or a drive-by shooting . . . "
So: Felony + Force/Violence/Drive-by = Murder 2
Ah ok, subjective state of mind vs what may be known.
Thanks.
The lawyers for the City of Minneapolis, and their insurance companies, must cringe mightily at these words from the Chief of Police~ it’s an open admission of culpability in a wrongful death and will lead to an enormous payout in civil court. As well it should!
Well as I believed should have been done from the get go, reports charges will be elevated to Murder 2.
While I agree with you on the narrow picture (hard to get a conviction on this) in the big picture I continue to think this is 110% the right call, and that we have had hundreds of billions in damage and lost lives due to the failure of DA Freeman to do this (along with arresting the other officers).on day one.
I was convinced by that Lawrence Tribe article the other day that, as (mis-) interpreted by Minnesota case law, the Murder 2 statute actually is the applicable one. The statute, plain as day, says that the unlawful killing has to be separate from the underlying felony, but SCOMN says assault that results in death is separate enough to support Murder 2.
Now we see what the other three cops get charged with.
I did not see that, any link? Like you, I just pulled the code, did not do legal research on it. But what you describe is the way CA law is crime in progress (here assault) likely to cause death, resulting in death, is Murder 2.
The operative word there is “might.”
You should read the article. It’s advocating for the charge to be elevated to Murder 2 and explaining why it’s the proper charge under Minnesota case law.
But of course, if you’re referring to “might” as the chances that Chauvin gets an unjustly easy sentence, or none at all . . .
Yeah that’s what I’m talking about. It might mean an easier sentence and it might not.
But, as I said elsewhere, I think that Ellison had to bump the charge against Chauvin up to at least 2d degree in order to charge the other 3 with aiding and abetting. I don’t think you can charge someone with aiding and abetting a negligent homicide.