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

  1. #231
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    CenterField's Avatar Senior Member
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    Quote Originally Posted by Hoosier8 View Post
    They added 2nd according to the charging documents so 3rd is still on. The reason that I now understand is that they could not charge the other three with only a 3rd so the 2nd allows them to charge the other three. The 2nd will be hard to prove intent and the reason he was charged with 3rd in the first place.
    The prosecution will probably not attempt to prove 2nd.
    See my other recent post, it seems like they went through a loophole that doesn't require intent even if it is 2nd degree, and do intend to try to prove it.
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  2. #232
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    Quote Originally Posted by CenterField View Post
    OK, thanks. If they don't have more evidence, it seems like a risky move by the prosecution. I'd say, better get a conviction on a charge that can be easily demonstrated, than let the guy walk on a hung jury if the charge is too ambitious.

    If that happens... oh my. We'll be in for more riots, and more violent ones.
    It looks like they are keeping Murder 3 on the charge sheet. So the only real issue is the ethical issue of a prosecution charging something he knows he can't prove.
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  3. #233
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    Quote Originally Posted by testsubjectalpha View Post
    Pete, the 3 extra minutes with knee on neck after George went limp stick is the kicker. I think Ellison can make that case as it shows an intent to kill. Notwithstanding a lack of publicly available information.
    I don't think that intent for murder is created in the heat of the moment. Had he know Floyd was the perp when he got the call and indicated somehow, I am going to kill that guy this time- that would be intent and premeditation.
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  4. #234
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    A police officer effecting an arrest is likely not a felony assault under the MN murder statutes.

    Quote Originally Posted by CenterField View Post
    OK, this article says that some experts deem the 2nd degree murder in this case to be appropriate because in this case it seems to use a sort of loophole in qualifying it as without intent to kill... but still 2nd degree as the death was derived from a purposeful felony, that of assaulting Floyd. They also say it is easier to proof (presumably because the depraved indifference in murder 3 is more subjective?).

    Complicated, for me. You'll probably make better sense of it, and clarify it for us.

    https://www.yahoo.com/news/upgraded-...223845264.html

    So, if all three charges stand, 2nd degree murder "without intent", 3rd degree murder, and 2nd degree manslaughter, will the jury be given the option of convicting the officer on either one of the three, two of them, all three, or neither?

    And it does seem very harsh on the other 3 officers, that the charge of abetting would result for each of them in the exact same sentence, if Chauvin is convicted.

    I hope at least in sentencing there would be some reduction because they weren't the ones who actually murdered Floyd. Is it possible, or is it mandatory to impose the same sentence to the ones abetting the murder?
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  5. #235
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    Quote Originally Posted by Peter1469 View Post
    A police officer effecting an arrest is likely not a felony assault under the MN murder statutes.
    Yes, you are making more sense than the MN AG...

    What about my other question about the abetting sentencing?
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