Asphyxiation not the cause of George Floyd's death: Autopsy

[Peter1469]

09.19 MURDER IN THE SECOND DEGREE.

Subdivision 1.Intentional murder; drive-by shootings.

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:
(1) causes the death of a human being with intent to effect the death of that person or another, but without premeditation; or
(2) causes the death of a human being while committing or attempting to commit a drive-by shooting in violation of section 609.66, subdivision 1e, under circumstances other than those described in section 609.185, paragraph (a), clause (3).

Subd. 2.Unintentional murders.

Whoever does either of the following is guilty of unintentional murder in the second degree and may be sentenced to imprisonment for not more than 40 years:
(1) causes the death of a human being, without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting; or
(2) causes the death of a human being without intent to effect the death of any person, while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the perpetrator is restrained under an order for protection and the victim is a person designated to receive protection under the order. As used in this clause, "order for protection" includes an order for protection issued under chapter 518B; a harassment restraining order issued under section 609.748; a court order setting conditions of pretrial release or conditions of a criminal sentence or juvenile court disposition; a restraining order issued in a marriage dissolution action; and any order issued by a court of another state or of the United States that is similar to any of these orders.

[Peter1469]

These last three posts are the Minnesota murder statutes

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.
(b) Whoever, without intent to cause death, proximately causes the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule I or II, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $40,000, or both.

[Peter1469]

Murder three fits the facts of this case, not murder 1 or 2.

[carolina73]

09.19 MURDER IN THE SECOND DEGREE.

Subdivision 1.Intentional murder; drive-by shootings.

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:
(1) causes the death of a human being with intent to effect the death of that person or another, but without premeditation; or
(2) causes the death of a human being while committing or attempting to commit a drive-by shooting in violation of section 609.66, subdivision 1e, under circumstances other than those described in section 609.185, paragraph (a), clause (3).

Subd. 2.Unintentional murders.

Whoever does either of the following is guilty of unintentional murder in the second degree and may be sentenced to imprisonment for not more than 40 years:
(1) causes the death of a human being, without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting; or
(2) causes the death of a human being without intent to effect the death of any person, while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the perpetrator is restrained under an order for protection and the victim is a person designated to receive protection under the order. As used in this clause, "order for protection" includes an order for protection issued under chapter 518B; a harassment restraining order issued under section 609.748; a court order setting conditions of pretrial release or conditions of a criminal sentence or juvenile court disposition; a restraining order issued in a marriage dissolution action; and any order issued by a court of another state or of the United States that is similar to any of these orders.

Everything there says intent is required. It is not rational to think that he performed a public murder while knowingly being video taped.
Murder 3 -but that may not apply based on the first autopsy and a tox-screen. Baden going on as an expert would make me wince. They need a third autopsy. The second was already pison for the defense, Lets show your expert witnesses press conference to the jury.

Plus all I would have to know is that they brought someone in from the OJ Trial which was the joke of the century.

I can see Baden up there saying"If he couldn't spit then you can't acquit"!

[CenterField]

Murder three fits the facts of this case, not murder 1 or 2.

Agreed. It's what I've been saying from the beginning. What people who are advocating for higher charges don't seem to understand, is that if a prosecutor gets greedy and files for charges that are higher than what the facts warrant, the result may be an acquittal as he/she won't be able to prove the case beyond reasonable doubt.

[Hoosier8]

Agreed. It's what I've been saying from the beginning. What people who are advocating for higher charges don't seem to understand, is that if a prosecutor gets greedy and files for charges that are higher than what the facts warrant, the result may be an acquittal as he/she won't be able to prove the case beyond reasonable doubt.

Someone I know had to be on a jury where the charge was 'attempted murder' when in fact it was aggravated assault. They guy got off because it was over charged.

[Adelaide]

@Peter1469 - Do you think it's likely he'll plead down?

[testsubjectalpha]

Murder 2 or murder 3, a case can be made for either. Murder 2 requires intent and Murder 3 simply requires being a dumb ass. The difference is 25 years or 40 years in prison.

[testsubjectalpha]

I hear Keith Ellison will be the lead prosecutor.

@Peter1469 - Do you think it's likely he'll plead down?

[Tahuyaman]

Do we know he didn't resist arrest, or try to fight at some point?

That wouldn’t justify restraint the guy in the way it was done.