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Author Topic: Charges Upgraded; All Four Officers Indicted  (Read 565 times)

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Charges Upgraded; All Four Officers Indicted
« on: June 03, 2020, 02:15:34 PM »
Minneapolis officer's murder charge to be upgraded in George Floyd death, 3 others charged: report


Crump: We expect officers to be charged as accomplices in killing of George Floyd
Minnesota's Attorney General’s Office is expected to announce upgraded charges against Derek Chauvin, the white Minneapolis officer who knelt on George Floyd’s neck, and has added new charges against the three other officers at the scene.

Chauvin will now be charged with second-degree murder, The Star Tribune first reported. The other three officers involved -- Thomas Lane, J.A. Kueng and Tou Thao – will be charged with aiding and abetting second-degree murder.
Minnesota Attorney General Keith Ellison is expected to hold a press conference Wednesday afternoon to announce further details.
BARACK OBAMA TO ADDRESS GEORGE FLOYD'S DEATH FOR FIRST TIME ON CAMERA
Chauvin was arrested Friday on third-degree murder and manslaughter charges. A day after Floyd, who is black, died in police custody on Memorial Day, all four officers were fired from the Minneapolis Police Department.
Peaceful protests, nighttime rioting and violent clashes with the police ensued for over a week straight in major metropolitan cities across the country in response to Floyd’s death.
In a press conference earlier Wednesday, Floyd’s family demanded that the other three former police officers involved in his death be arrested and charged before the memorial in his honor Thursday.
The lead attorney for the Floyd family, Ben Crump, joined by Floyd’s son Quincy Mason, held a press conference Wednesday in Minneapolis in the same spot captured on video Memorial Day. Floyd is seen in the footage in custody with a white Minneapolis police officer’s knee to his neck and is heard saying, “I cannot breathe.”

Floyd, who is black, died soon afterward.
“We expect all of the police officers to be arrested before we have the memorial here in Minneapolis tomorrow. Because we cannot have two justice systems in America – one for black America, one for white America. We must have equal justice for the United States of America,” Crump said.
Crump reiterated that the family’s independent autopsy confirmed Floyd died by “mechanical asphyxiation caused by the knee to neck and two knees to his back.” He said he expected an announcement from the Minnesota Attorney General’s Office about the officers soon.
“Change is going to come in the criminal justice system. I proclaim, with his son as my witness, that change starts today,” Crump said. “We are confident attorney general Keith Ellison is working feverishly to do the right thing to make sure George Floyd’s family achieves justice, holding the officers accountable to the full extent of the law -- each and every one of them.”
“Witness Donna Williams who yesterday was the person in the video saying ‘You all are gonna kill him’ likened it to suffocation like a fish out of water, gasping for air,” Crump said.  “The independent autopsy performed by the family concluded that George Floyd was starving for air. He needed a breath and the ambulance that came here to pick him up from this very spot was the hearse for George Floyd.
The family’s attorney also thanked Minnesota Gov. Tim Walz for “bringing human rights charges against the Minneapolis police department because we absolutely believe he was tortured in the last 8 minutes and 46 seconds of his life.”
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Floyd’s son, Quincy Mason, who recently came from out of town to attend his father’s memorial service, spoke briefly at the press conference to ask for justice and thank everyone who has shown him support and love, saying “no man or woman should be without their father.”

Re: Charges Upgraded; All Four Officers Indicted
« Reply #1 on: June 03, 2020, 02:30:33 PM »
Second degree murder?  I'd like to read the rationale for the upgrade in charges.  Not that I'm completely surprised, with Ellison prosecuting.  I get the political rationale for the upgrade.  But what's the legal rationale?  Second degree murder means he intended to kill Floyd (third degree means he intended to harm, not necessarily to kill). 


Re: Charges Upgraded; All Four Officers Indicted
« Reply #2 on: June 03, 2020, 02:35:31 PM »
Second degree murder?  I'd like to read the rationale for the upgrade in charges.  Not that I'm completely surprised, with Ellison prosecuting.  I get the political rationale for the upgrade.  But what's the legal rationale?  Second degree murder means he intended to kill Floyd (third degree means he intended to harm, not necessarily to kill).

Come with me down the rabbit hole:

The worry is that, as Ellison is a fanatical Antifa supporter, he is overcharging the officers, with the intention of not being able to prove the case beyond a reasonable doubt.

They will be acquitted, and the whole country will burn in race-based guerrilla war, which is what the black militants stupidly want (stupid, because they lose that war).

PS: Here's 2nd degree murder in Minnesota:

2019 Minnesota Statutes
[size={defaultattr}][font={defaultattr}]
609.19 MURDER IN THE SECOND DEGREE.
§
Subdivision 1.Intentional murder[/font][/size]

[font={defaultattr}]
Whoever does either of the following is guilty of murder in the second degree and may be sentenced to imprisonment for not more than 40 years:[/font]


(1) causes the death of a human being with intent to effect the death of that person or another, but without premeditation; or... [irrelevant]


https://www.revisor.mn.gov/statutes/cite/609.19

No idea how he is going to prove intent.

The other possibility is that the trial will simply be a political showpiece, with the officers convicted regardless of the legal arguments (e.g., kind of the opposite of the OJ acquittal: The case was determined not by law, but by intense societal pressures).

Re: Charges Upgraded; All Four Officers Indicted
« Reply #3 on: June 03, 2020, 02:49:38 PM »
Come with me down the rabbit hole:

The worry is that, as Ellison is a fanatical Antifa supporter, he is overcharging the officers, with the intention of not being able to prove the case beyond a reasonable doubt.

They will be acquitted, and the whole country will burn in race-based guerrilla war, which is what the black militants stupidly want (stupid, because they lose that war).

No idea how he is going to prove intent.

The other possibility is that the trial will simply be a political showpiece, with the officers convicted regardless of the legal arguments (e.g., kind of the opposite of the OJ acquittal: The case was determined not by law, but by intense societal pressures).
Unless the jury has an IQ lower than their temperatures, they have to believe as a police officer he knew what he was doing would cause death.
Also there is no chance of a change of venue as the whole world has now heard of this incident so anyone on the jury is going to be afraid of NOT voting guilty.

Re: Charges Upgraded; All Four Officers Indicted
« Reply #4 on: June 03, 2020, 03:00:45 PM »
Come with me down the rabbit hole:

The worry is that, as Ellison is a fanatical Antifa supporter, he is overcharging the officers, with the intention of not being able to prove the case beyond a reasonable doubt.

They will be acquitted, and the whole country will burn in race-based guerrilla war, which is what the black militants stupidly want (stupid, because they lose that war).
.
Oh dear, I see.  Yes, that makes sense.
.
I have a hard time seeing the second degree charge stick. Third degree seems like a slam dunk. Second degree is very murky. This is a criminal trial.  Standards of proof are high.