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Wilfrid Laurier

Minneapolis Burning- The George Floyd saga

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So, early predictions on what the officer(s) will be charged with?

I say, with what we saw, Minnesota's Manslaughter Second Degree is the statute that fits the crime best.

https://www.revisor.mn.gov/statutes/cite/609.205

609.205 MANSLAUGHTER IN THE SECOND DEGREE.

A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:

(1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or

(2) by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or

(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or

(4) by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner's premises, or negligently failing to keep it properly confined; or

(5) by committing or attempting to commit a violation of section 609.378 (neglect or endangerment of a child), and murder in the first, second, or third degree is not committed thereby.

If proven by a preponderance of the evidence, it shall be an affirmative defense to criminal liability under clause (4) that the victim provoked the animal to cause the victim's death.

 

 

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The sentencing guideline is inappropriate. Murder 2 depraved indifference.

 

 

 

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5 minutes ago, ginger said:

The sentencing guideline is inappropriate. Murder 2 depraved indifference.

 

 

 

Nope. I see no way to prove his intent.
 

609.19 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.

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George Floyd was such a threat that the officer's hands were in his own pockets?

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The officer's hands were in his own pockets because it was his intention to screw with guy and onlookers and in doing so caused his death. 

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The officer looks around at his audience.

 

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The officer has an audience, has his hands in his pockets and is carrying a firearm? I'd say he's indifferent to pretty much everything.

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I just heard on red eye they may have worked together and known each other. 

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9 hours ago, ginger said:

George Floyd was such a threat that the officer's hands were in his own pockets?

My mistake, I just got a better look at the video. he's wearing black gloves. His hands are on his thighs. So he's got one knee on his neck and the other knee between his shoulder blades and he's laying on his stomach. The officer weighs maybe 190...190 lbs full weight on the victim for 9 minutes. 

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https://www.revisor.mn.gov/statutes/cite/609.195

Minnesota Third-Degree Murder does not require proof of intent, only "perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life".

Chauvin seems to visibly increase the pressure on Floyd's neck at times even after he loses consciousness. Among others, a woman who twice identifies herself as a Minneapolis firefighter pleads with him to check for a pulse, which all four officers ignore. He will have received professional training on positional asphyxia as well as the Minneapolis Police Department's guidelines on the use of force, which is compelling evidence of actual knowledge that what he was doing was dangerous to human life and that he was not authorized to do this in a law enforcement capacity.

His depraved state of mind is further evidenced by the fact that he's actually taunting Floyd as he dies by giving him orders that he's physically restraining him from complying with. I can imagine the remarks on that one at sentencing already. A grown man playing "Quit Hitting Yourself...To Death".

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He intended to kill him and pretend it was an accident. He sat on him for 9 minutes. May as well be watching a snuff film because that's exactly what he did.

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1 hour ago, Bingoloid said:

https://www.revisor.mn.gov/statutes/cite/609.195

Minnesota Third-Degree Murder does not require proof of intent, only "perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life".

Chauvin seems to visibly increases the pressure on Floyd's neck at times even after he loses consciousness. Among others, a woman who twice identifies herself as a Minneapolis firefighter pleads with him to check for a pulse, which all four officers ignores. He will have received professional training on positional asphyxia as well as the Minneapolis Police Department's guidelines on the use of force, which is compelling evidence of actual knowledge that what he was doing was dangerous to human life and that he was not authorized to do this in a law enforcement capacity.

His depraved state of mind is further evidenced by the fact that he's actually taunting Floyd as he dies by giving him ordering that he's physically restraining him from complying with. I can imagine the remarks on that one at sentencing already. A grown man playing "Quit Hitting Yourself...To Death".

You're right on that. How'd I miss the Murder 3rd statute?

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I get it, it’s tragic and all that. The looting is ridiculous too. Stalin said when one man dies it’s a tragedy. When 10,000 die, it’s a statistic. Where’s the rioters and protesters for what Cuomo did to our elderly? That’s right - facilities got paid for every patient place on a ventilator. And Andy got those worthless people of Medicaid.
 

So now the useful idiots in MN are wound up and turned loose, all while making Trump look bad.

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Without getting too far from the rails, I agree that the riots cannot be considered without the background of the ridiculous economic situation our government scum has created. But we've all seen the video, and it's just not possible to spend 8 minutes with your knee on the neck of a handcuffed wheezing vomiting bleeding man without malice. Doesn't matter what happened prior (unless you want to consider the 3 shooting incidents and 17 prior complaints filed against this pussy cop/government scum), all that matters is the 8 minutes it took to murder the guy, and the 3 accomplices who stood there and let it happen. However, "George Floyd got murdered -- I think I'll get me a TV!" is a serious problem that is best solved with firearms, not knees.

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1 hour ago, DanCooper said:

I get it, it’s tragic and all that. The looting is ridiculous too. Stalin said when one man dies it’s a tragedy. When 10,000 die, it’s a statistic. Where’s the rioters and protesters for what Cuomo did to our elderly? That’s right - facilities got paid for every patient place on a ventilator. And Andy got those worthless people of Medicaid.
 

So now the useful idiots in MN are wound up and turned loose, all while making Trump look bad.

Rioters and protesters don't hurt hospital and nursing home officials. They certainly don't hurt the likes of government officials either. Christ, nurses have been marching for safe staffing in Alabany and Warshington for years because the cheap facilities refuse to hire to optimal care, they hire to minimum staff and if it fall belows Oh Well, you get the privilege of working short and doing double the work. You have to hit them in the wallet, it's the only thing they understand. Now about those property and school taxes...If you are going to stick it to them, now would be the time. They have the money, plenty of it. 

Mayor David, we're a poverty stricken city so you people love to remind me every September. Do something about it.

 

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Quote

“The more there are riots, the more repressive action will take place, and the more we face the danger of a right-wing takeover and eventually a fascist society.”

- - Martin Luther King, Jr.

 

I have a dream that someday we will judge people by whether they loot a liquor store, electronics store or grocery store in times of unrest.

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14 hours ago, ginger said:

He intended to kill him and pretend it was an accident. He sat on him for 9 minutes. May as well be watching a snuff film because that's exactly what he did.

Oh?

https://www.news4jax.com/news/national/2020/05/30/complaint-autopsy-reveals-nothing-to-support-strangulation-as-cause-of-george-floyds-death/

It seems this is about to get interesting. And not in a good way. People will start losing their shit if science isn’t able to prove that officer caused his death.

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56 minutes ago, Wilfrid Laurier said:

Oh?

https://www.news4jax.com/news/national/2020/05/30/complaint-autopsy-reveals-nothing-to-support-strangulation-as-cause-of-george-floyds-death/

It seems this is about to get interesting. And not in a good way. People will start losing their shit if science isn’t able to prove that officer caused his death.

Article seems to be missing something. Ctrl+F "positional" and got nothing.

Strangulation (cutting off the flow of blood) leaves clear physical signs, asphyxia (not getting oxygen to your blood) often does not. It's common for other evidence, rather than the autopsy, to end up proving it. What they're charging Chauvin over is what's called "positional asphyxia", rather than strangulation by the knee.

Positional asphyxia is well-known to law enforcement, and as the complaint notes, part of training. Leaving someone face-down in handcuffs can kill them, because if you can't use your arms to adjust your body, you may not be able to expand your chest to get a full breath of air and basically crush yourself to death. It's worse if three grown men are crushing you and preventing you from moving any part of your body.

According to the complaint, one of the officers off-camera twice warns Chauvin that they need to get Floyd up on his side, and Chauvin refuses. At some point, one of them does check and tells Chauvin that Floyd has no pulse. Chauvin, rather than attempting CPR or even simply getting him up on his side, does nothing and then knowingly holds down a dead guy for two more minutes, maybe in Weekend At Bernie's fashion hoping the witnesses don't realize he's killed him.

He's pretty boned.

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5 hours ago, Wilfrid Laurier said:

Oh?

https://www.news4jax.com/news/national/2020/05/30/complaint-autopsy-reveals-nothing-to-support-strangulation-as-cause-of-george-floyds-death/

It seems this is about to get interesting. And not in a good way. People will start losing their shit if science isn’t able to prove that officer caused his death.

Good morning. I just got in and it looks like I missed all kinds of excitement although I did listen to the radio when I could. 

Here's what I think...this isn't the first time that officer pulled that positional asphyxiation maneuver. I bet he's done it dozens of times. On the radio tonight everyone is saying George Floyd was in the wrong place at the wrong time. I bet the officer has been playing russian roulette for years and oops, this time he killed somebody. It's allegorical to...

Commonwealth v Malone

  

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Close but no cigar... maybe? ^  Have a better day everyone.

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7 hours ago, Bingoloid said:

Article seems to be missing something. Ctrl+F "positional" and got nothing.

Strangulation (cutting off the flow of blood) leaves clear physical signs, asphyxia (not getting oxygen to your blood) often does not. It's common for other evidence, rather than the autopsy, to end up proving it. What they're charging Chauvin over is what's called "positional asphyxia", rather than strangulation by the knee.

Positional asphyxia is well-known to law enforcement, and as the complaint notes, part of training. Leaving someone face-down in handcuffs can kill them, because if you can't use your arms to adjust your body, you may not be able to expand your chest to get a full breath of air and basically crush yourself to death. It's worse if three grown men are crushing you and preventing you from moving any part of your body.

According to the complaint, one of the officers off-camera twice warns Chauvin that they need to get Floyd up on his side, and Chauvin refuses. At some point, one of them does check and tells Chauvin that Floyd has no pulse. Chauvin, rather than attempting CPR or even simply getting him up on his side, does nothing and then knowingly holds down a dead guy for two more minutes, maybe in Weekend At Bernie's fashion hoping the witnesses don't realize he's killed him.

He's pretty boned.

I’m not saying he will walk. I am saying that a good defense attorney could get him off on the Murder 3 if they are able to cast doubt as to the cause of death.

I see a Manslaughter conviction on the horizon. 

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1 hour ago, Wilfrid Laurier said:

I’m not saying he will walk. I am saying that a good defense attorney could get him off on the Murder 3 if they are able to cast doubt as to the cause of death.

I see a Manslaughter conviction on the horizon. 

Anything could happen, for sure. IMO, the facts are there for a strong prosecutor, but you're right. It only takes one clown on the jury to make a circus.

5 hours ago, ginger said:

Here's what I think...this isn't the first time that officer pulled that positional asphyxiation maneuver. I bet he's done it dozens of times. On the radio tonight everyone is saying George Floyd was in the wrong place at the wrong time. I bet the officer has been playing russian roulette for years and oops, this time he killed somebody.  

There's a lot I could say about this, but I do feel sorry for Officer Lane. He was seemingly a rookie on his probationary period, who tried to talk sense to a superior three different ways, but ultimately deferred to his judgment. Now the whole neighborhood's on fire and he may as well have been a soldier at the Boston Massacre. That is a pretty high dose of real life at that age.

tenor.gif

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Good morning again...Last night while I was on the road I called my daughter to check in. She said all was quiet in her neighborhood. She assured me she lives in a fortress and has building security. I told her how to make a molotov cocktail. I told her to use hand sanitizer and the glass bottles her husband keeps for making beer. I also told her to come home and get a rifle. The NY post says organizers in NYC are intent on "afflicting the comfortable"

I probably have nothing to worry about but I know it only takes one or 2 people to penetrate her fortress to wreak all kinds of havoc. When I lived in NYC we had a few armed robberies in our apartment building in spite of locked doors.

And as always to our local law enforcement...do not start your car until you check the tailpipe first.

 

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