And what if George Floyd died at the scene from a drug overdose?
Then Chauvin would not be guilty of murder, which requires that the murderer caused the death another human being with whatever state of mind required for the exact charge.
Generally speaking, that's negligence for manslaughter, reckless disregard for second degree murder, and premeditation for first degree murder. I think a jury could probably find all three here. He was negligent by kneeling on Floyd's neck in the first instance (if I recall kneeling on necks is not allowed under police procedures which is the "standard of care" by which negligence would be judged, but I could be wrong). Negligence could easily grow to recklessness (consciously comprehending a serious danger and callously disregarding it) as here other assisting cops told Chauvin that he shouldn't do what he was doing. Recklessness could become premeditation with all those repeated warnings from assisting officers, bystanders, and George Floyd himself all saying that kneeling on his neck was hurting him.
But it seems to me that before the jury gets to state of mind they have to first decide whether Chauvin actually caused George Floyd's death. It seems to me that this is the question that is getting drowned out in the media hype.
As I wrote the foregoing a fourth possibility occurred to me (although I don't know if the DA charged it in this case) - i.e. "felony murder." The idea is that if one commits a felony like bank robbery and in the course of the felony somebody is killed then that's a species of murder. The theory here would be that Chauvin was in the process of committing a felony assault on Floyd that resulted directly in Floyd's death so Chauvin would be guilty of felony murder.
Funny, this whole case would make a great law school exam question. It has so much going on.
This would describe George Kirby
A person that is overdosing on fentanyl may exhibit the following signs and symptoms:2,7
Low blood pressure
Drowsiness
Dizziness
Nausea and vomiting
Limp body
Changes in pupillary size
Cold and clammy skin
Blue colored lips and fingernails (cyanosis)
Slowed or stopped breathing
Decreased heart rate
Reduced or loss of consciousness
Coma
The presence of the “opioid overdose triad of symptoms,” which is comprised of pinpoint pupils, respiratory depression, and a decreased level of consciousness, is strongly suggestive of a fentanyl overdose.7