What a second-degree murder charge means for Derek Chauvin

[phrodeau]

They will also hear expert testimony about how Floyd was CV19 positive, presumed asymptomatic, and had chest congestion at the time which all contributed to his death.

That's not "intent". Nor is it "aiding and abetting". You view, however, is an emotional response to the evidence which often gets guilty verdicts overturned on appeal.

Much better to convict the guy based on the FACTS rather than emotion.

Floyd didn't have chest congestion. You're making that up.

 

[HisArpy]

Floyd didn't have chest congestion. You're making that up.

GOFUCKYOURSELF

 

[Adre]

They will also hear expert testimony about how Floyd was CV19 positive, presumed asymptomatic, and had chest congestion at the time which all contributed to his death.

That's not "intent". Nor is it "aiding and abetting". You view, however, is an emotional response to the evidence which often gets guilty verdicts overturned on appeal.

Much better to convict the guy based on the FACTS rather than emotion.

They’re probably going to hear quite a bit about the history of and known culture within the Minneapolis PD. There’s also a societal mood to reckon with. And “justice” is neither perfect nor predictable.

 

[HisArpy]

They’re probably going to hear quite a bit about the history of and known culture within the Minneapolis PD. There’s also a societal mood to reckon with. And “justice” is neither perfect nor predictable.

No they won't. What other people have done in the past isn't relevant evidence to the issue of whether Chauvin murdered Floyd.

 

[Adre]

No they won't. What other people have done in the past isn't relevant evidence to the issue of whether Chauvin murdered Floyd.

So you’re on record that observations on the department’s culture, past or present, will be disallowed at trial?

 

[HisArpy]

So you’re on record that observations on the department’s culture, past or present, will be disallowed at trial?

Yes.

If this was a civil suit for negligence, then it would be because Chauvin's training, disciplinary record, and so on would all be allowed to show negligence.

However, you can be poorly trained in an environment of corruption and that still doesn't mean you INTENDED to kill someone. You could be there to "straighten out" the department.

Do I believe that Chauvin's reasons for being a cop was to 'straighten out" a bad PD? Absolutely not. That still doesn't equal "intent to kill".

 

[Adre]

So you’re on record that observations on the department’s culture, past or present, will be disallowed at trial?

Yes.

We’ll see, I disagree.

 

[FlowersForFun]

Yes.

If this was a civil suit for negligence, then it would be because Chauvin's training, disciplinary record, and so on would all be allowed to show negligence.

However, you can be poorly trained in an environment of corruption and that still doesn't mean you INTENDED to kill someone. You could be there to "straighten out" the department.

Do I believe that Chauvin's reasons for being a cop was to 'straighten out" a bad PD? Absolutely not. That still doesn't equal "intent to kill".

This is going to be what lefties will ignore....I mean point blank absolutely ignore.....right up until it's way too late and then it's time to cry victim.

 

[Adre]

This is going to be what lefties will ignore....I mean point blank absolutely ignore.....right up until it's way too late and then it's time to cry victim.

Your posts make increasingly less sense.

 

[Lancedalot]

If you have someone in a kneehold for minutes and you keep your full body weight bearing on his neck and he subsequently dies

Full body weight?

Ridiculous.

The video easily disproves your emotionality as Chauvin's "full body weight" is most certainly not applied to Flynn's neck.

The county medical examiner's autopsy also dismisses your ridiculousness as George's cause of death.

III. No life-threatening injuries identified
A. No facial, oral mucosal, or conjunctival petechiae
B. No injuries of anterior muscles of neck or laryngeal structures
C. No scalp soft tissue, skull, or brain injuries
D. No chest wall soft tissue injuries, rib fractures (other than a single rib fracture from CPR), vertebral column injuries, or visceral injuries
E. Incision and subcutaneous dissection of posterior and lateral neck, shoulders, back, flanks, and buttocks negative for occult trauma

The final autopsy report can be read here https://www.newsbeast.gr/files/1/2020/06/Autopsy_2020-3700_Floyd.pdf. It is titled CARDIOPULMONARY ARREST COMPLICATING LAW ENFORCEMENT SUBDUAL, RESTRAINT, AND NECK COMPRESSION.

The cause of George Floyd's death, according to the Hennepin County Medical Examiner, was a heart attack (theoretically fully explaining all by itself "I can't breathe" - which Floyd was complaining of before he was restrained on the ground). How likely is a fatal heart attack for any person with these killing diseases already,

II. Natural diseases
A. Arteriosclerotic heart disease, multifocal, severe
B. Hypertensive heart disease
1. Cardiomegaly (540 g) with mild biventricular dilatation
2. Clinical history of hypertension

Comments: The finding of sickled-appearing cells in many of the autopsy tissue sections prompted the Hemoglobin S quantitation reported above. This quantitative result is indicative of sickle cell trait. Red blood cells in individuals with sickle cell trait are known to sickle as a postmortem artifact. The decedent’s antemortem peripheral blood smear (made from a complete blood count collected 5/25/20 at 9:00 p.m.) was reviewed by an expert HHC hematopathologist at the Medical Examiner’s request. This review found no evidence of antemortem sickling.

The decedent was known to be positive for 2019-nCoV RNA on 4/3/2020. Since PCR positivity for 2019-nCoV RNA can persist for weeks after the onset and resolution of clinical disease, the autopsy result most likely reflects asymptomatic but persistent PCR positivity from previous infection.

Deadly narcotics were obviously a large part of Floyd's life throughout his violent habitual criminal career and they were still part of George the day he died of a heart attack, the drugs themselves deadly enough to do that alone.

VI. Toxicology (see attached report for full details; testing performed on antemortem blood specimens collected 5/25/20 at 9:00 p.m. at HHC and on postmortem urine)
A. Blood drug and novel psychoactive substances screens:
1. Fentanyl 11 ng/mL
2. Norfentanyl 5.6 ng/mL
3. 4-ANPP 0.65 ng/mL
4. Methamphetamine 19 ng/mL
5. 11-Hydroxy Delta-9 THC 1.2 ng/mL; Delta-9 Carboxy THC 42 ng/mL; Delta-9 THC 2.9 ng/mL
6. Cotinine positive
7. Caffeine positive
B. Blood volatiles: negative for ethanol, methanol, isopropanol, or acetone
C. Urine drug screen: presumptive positive for cannabinoids, amphetamines, and fentanyl/metabolite
D. Urine drug screen confirmation: morphine (free) 86 ng/mL

I posted previously that Ive never been detained by police. I dont have any of Floyds deadly serious health issues nor do I do deadly drugs. But I can easily imagine myself freaking out and having a heart attack just from being a violet habitual criminal nabbed by the cops for committing yet another crime while being detained totally understanding I was probably headed back to the slammer.

I would need no knee to die.

 

[FlowersForFun]

Your posts make increasingly less sense.

It wasn't meant for you so I didn't break it down into it's simplest form.

 

[chillywilly2]

GOFUCKYOURSELF

Dam...we do agree on some things

 

[chillywilly2]

They will also hear expert testimony about how Floyd was CV19 positive, presumed asymptomatic, and had chest congestion at the time which all contributed to his death.

That's not "intent". Nor is it "aiding and abetting". You view, however, is an emotional response to the evidence which often gets guilty verdicts overturned on appeal.

Much better to convict the guy based on the FACTS rather than emotion.

News report I heard last night is that 2nd degree can be a homicide resulting from an intended assault.

Kneeling on a guys neck for 9 minutes while he is handcuffed is pretty much an intended assault.

He would not have died if not for the intended assault.

Kinda sounds like a wrap to me if what I heard from the lawyer being asked was right

 

[LesPatterson]

The elevated charges are nothing more than grandstanding.

Facts:

There's nothing in the available evidence to show that Chauvin INTENDED to kill Floyd. Did he care that Floyd died? The evidence suggests he did not. Chauvin may not have CARED if Floyd died, but that doesn't mean he INTENDED to kill anyone or anything.

Conclusion: The elevation to 2nd degree murder is nothing more than an attempt to calm the riot. Chauvin's risk of a 3rd degree murder conviction hasn't changed.



More facts:

The autopsy report showed that Floyd was positive for CV19 antibodies.

This is going to play hell on the charges against the other 3 officers. The defense is going to say that Floyd's physical breathing issues because of his CV19 weren't apparent at the time of his arrest. Therefore his death during his arrest wasn't foreseeable since the knee hold had been used successfully at least 44 times in the past 5 years without issue. Thus, they had no reason to be "checking" on Chauvin during the arrest despite what the crowd was saying. The crowd was unruly, officer safety required that they monitor the crowd and there was no available time or attention to use to check on Floyd.

Conclusion: They weren't aiding and abetting since they had no reason to suspect anything was going wrong AND they weren't actively involved at that point in time, the observable information they had didn't point to any special care needed, and the crowd was commanding their attention. No convictions of the 3 other officers are going to happen here.

can i ask how much you charge for your legal advice? and have you ever won any of your cases??

 

[chillywilly2]

What breathing issues? Floyd was well past his Covid19 infection.

Nope

A friend of mine got the covid back in January.
He is apparently over it but his doctor says he will have complications for the next 3 to 6 months.
His complications being breathing issues...so...what harpy said

 

[Rightguide]

The elevated charges are nothing more than grandstanding.

Facts:

There's nothing in the available evidence to show that Chauvin INTENDED to kill Floyd. Did he care that Floyd died? The evidence suggests he did not. Chauvin may not have CARED if Floyd died, but that doesn't mean he INTENDED to kill anyone or anything.

*Gasp*

What about 400 years of slavery? Has anyone checked Chauvin's genealogy for a lurking slave master? Just sayin'

 

[HisArpy]

News report I heard last night is that 2nd degree can be a homicide resulting from an intended assault.

Kneeling on a guys neck for 9 minutes while he is handcuffed is pretty much an intended assault.

He would not have died if not for the intended assault.

Kinda sounds like a wrap to me if what I heard from the lawyer being asked was right

"Intended assault" is NOT "affecting an arrest".

What you're hearing is cherry picked information spun to sway public opinion. It's not "facts" nor it is "reality".

You HAVE TO go beyond the surface and start thinking instead of reacting. Floyd was being arrested, not "assaulted". There is no intent to kill in an arrest no matter how far sideways it goes, because intent is "THE PURPOSE" and death is not the purpose when the cops arrest someone. Not even if you want to talk history because there are many more people who get arrested and don't die. Even people of color.

What happened was that Chauvin didn't care that Floyd was having problems breathing. He should have, given the current CV19 crisis and knowing that CV19 causes secondary pneumonia, but he didn't.

That doesn't equal intent to kill. Murder 2 in this case is pandering to the media.

 

[BoyNextDoor]

The Hennepin County Medical Examiner Office's report says the cause of death was homicide.

 

[HisArpy]

can i ask how much you charge for your legal advice? and have you ever won any of your cases??

If that's all you got, you should log off permanently. The GB doesn't suffer fools/troll/fuckwits lightly and you're headed to the top of the list faster than the recent SpaceX launch made it out of the atmosphere.

 

[HisArpy]

*Gasp*

What about 400 years of slavery? Has anyone checked Chauvin's genealogy for a lurking slave master? Just sayin'

I'm sure they will. In fact I'm surprised the MSM hasn't already blared it all over their headlines, true or not.

 

[Rightguide]

The Hennepin County Medical Examiner Office's report says the cause of death was homicide.

The word Homicide by itself doesn't always denote illegality, ie, "justifiable homicide, accidental homicide."

 

[HisArpy]

The Hennepin County Medical Examiner Office's report says the cause of death was homicide.

Homicide, without more, isn't a criminal offense. It merely means someone died.

The term is misused more often than the GB trolls call someone a liar or racist or bot.

 

[chillywilly2]

"Intended assault" is NOT "affecting an arrest".

What you're hearing is cherry picked information spun to sway public opinion. It's not "facts" nor it is "reality".

You HAVE TO go beyond the surface and start thinking instead of reacting. Floyd was being arrested, not "assaulted". There is no intent to kill in an arrest no matter how far sideways it goes, because intent is "THE PURPOSE" and death is not the purpose when the cops arrest someone. Not even if you want to talk history because there are many more people who get arrested and don't die. Even people of color.

What happened was that Chauvin didn't care that Floyd was having problems breathing. He should have, given the current CV19 crisis and knowing that CV19 causes secondary pneumonia, but he didn't.

That doesn't equal intent to kill. Murder 2 in this case is pandering to the media.

It was said that Minnesota law says death as a result of an intended assault
He was already under arrest, handcuffed. That part is over. Now, kneeling on the guys neck for 9 minutes is an intended assault.
The jury will get to decide if it was intended, not a Lit lawyer

I am hoping it is fact and not spun

 

[chillywilly2]

The word Homicide by itself doesn't always denote illegality, ie, "justifiable homicide, accidental homicide."

I didn't see much justifiable or accidental in that video...maybe an all white supremacist jury will

 

[phrodeau]

Nope

A friend of mine got the covid back in January.
He is apparently over it but his doctor says he will have complications for the next 3 to 6 months.
His complications being breathing issues...so...what harpy said

Here's what the Hennepin County autopsy says:

"No excess fluid is in the pleural, pericardial, or peritoneal cavities.

The pulmonary parenchyma is diffusely congested and edematous. No mass lesions or areas of consolidation are present. The pulmonary vascular tree is free of thromboemboli. The tracheobronchial tree is free of blood, edema fluid or foreign material."

Sorry to hear about your friend. I hope he doesn't get arrested and die.