Four Minneapolis officers fired after death of black man part II

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  • KLB

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    No. It's not the same standard for causing death. As it reads to me, it sounds like Chauvin's kneeling on Floyd would have to have been the cause of death for both M2 and M3. That wasn't proven beyond reasonable doubt.

    For manslaughter, the death must be by culpable negligence. And I think that fits exactly. The defense expert was very convincing of that when he said that there was a point where Floyd wasn't beyond saving, and the prosecution was able to tease it out of him that the point of saving him would have been right after he passed out. And maybe Chauvin didn't have the skills. Certainly keeping him restrained prevented anyone from saving him.

    The death element required in MS2.
    "The Defendant caused the death of George Floyd, by culpable negligence, whereby the Defendant created an unreasonable risk and consciously took a chance of causing death or great bodily harm.“Culpable negligence” is intentional conduct that the Defendant may not have intended to beharmful but that an ordinary and reasonably prudent person would recognize as involving a strong probability of injury to others."

    Compared to the death element required in M3

    "The Defendant caused the death of George Floyd by an intentional act that was eminently dangerous to Other persons. A person commits an act eminently dangerous to others whent he act is highly likely to cause death."
    Who did he prevent from saving him? The EMTs were not on site yet. The crowd was hostile. The EMTs, when they did get there, did not even work on him there because of the crowd. They moved him out of the area and then went to work on him.
     

    jamil

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    Who did he prevent from saving him? The EMTs were not on site yet. The crowd was hostile. The EMTs, when they did get there, did not even work on him there because of the crowd. They moved him out of the area and then went to work on him.
    IIRC it came out in the trial that it was policy to render aid in such circumstances, and the officers did have some training. There was an EMT in the crowd as well. Even if Chauvin did not have training himself on chest compressions, if he’d have listened to the other officers and put Floyd in a recovery position and at least tried to get him help as soon as he became unresponsive, as the policy was, he would not be guilty of MS2.
     

    KLB

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    IIRC it came out in the trial that it was policy to render aid in such circumstances, and the officers did have some training. There was an EMT in the crowd as well. Even if Chauvin did not have training himself on chest compressions, if he’d have listened to the other officers and put Floyd in a recovery position and at least tried to get him help as soon as he became unresponsive, as the policy was, he would not be guilty of MS2.
    It also came out that it was not true when there was a hostile crowd. The prosecution use of force expert said as much.
     

    jamil

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    Appeal may be moot.

    Jesus Christ! They apparently want to bury him under the jail. If they could whack him with sticks they'd probably not stop after he was dead. This is very much over the top on a case that wasn't even racial in nature.
     

    foszoe

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    Seems the Feds are getting involved in more and more of the media driven legal cases. Justice is no longer the goal, it is politics.
    Yeah. When will the states push back? This is one reason we need to abolish the central state.

    ***** them all. They can all go straight to **** for the **** that they keep foisting on the states.
     

    foszoe

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    Cause of death was not proven beyond reasonable doubt. The "assault" was not proven beyond reasonable doubt. Depraved mind was not proven beyond reasonable doubt.

    Manslaughter 2? Yes.
    Cause or contribute...what does the charge specify? Pretty sure it isn't cause.
     

    Tombs

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    IndyDave1776

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    Five bucks says the same secret plan is in place if Rittenhouse gets acquitted.

    Biden DOJ literally watches CNN every day and picks out cases to intervene in for virtue signaling and political points.
    Just think what that worthless piece of **** Garland could have done had he made it to the Supreme Court.
     

    buckwacker

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    Five bucks says the same secret plan is in place if Rittenhouse gets acquitted.

    Biden DOJ literally watches CNN every day and picks out cases to intervene in for virtue signaling and political points.
    But he didn't shoot any black folks, so it will be harder rile the racial grievance crowd.
     
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