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New Floyd Murder Charges Will Be Tough to Prove and May Imperil Good Cops
National Review ^ | June 4, 2020 | Andrew C. McCarthy

Posted on 06/04/2020 1:15:38 PM PDT by karpov

Prosecutors in Minnesota have filed an amended complaint against Derek Chauvin for the killing of George Floyd, adding a second-degree “felony murder” charge. This dangerously flawed theory could be used to portray any police restraint of a resistant suspect as criminal assault.

The amended complaint against Chauvin also re-alleges the two homicide charges originally filed last week: third-degree “depraved indifference” murder and second-degree manslaughter, both of which better fit the facts of the case while posing no risk of criminalizing the legitimate use of force by good cops.

Separately, the other three fired Minneapolis police officers involved in the killing have been charged, after a week of demands by the Floyd family, as well as intense anti-police rhetoric (and worse) by Black Lives Matter activists and protesters.

Tou Thao, J. Alexander Kueng, and Thomas Lane are charged with aiding and abetting both second-degree murder (the new charge against Chauvin) and manslaughter. Weirdly, under the circumstances, the three are not charged with the “depraved indifference” murder count; nor are they accused of committing manslaughter as principals — they are charged only as aiders and abettors, a theory that does not jibe with a negligence charge such as second-degree manslaughter (which is negligent homicide under Minnesota law).

Felony Murder: Criminalizing Police Restraint of Suspects

The second-degree murder charge is now the main charge against all four officers. Essentially, the theory is that they committed a felony assault when they subdued a suspect who was resisting arrest. During the course of carrying out that “crime,” prosecutors allege, Floyd’s death resulted.

While the point may be subtle, this is saliently different from the theory of third-degree murder — i.e., depraved-indifference murder.

(Excerpt) Read more at nationalreview.com ...


TOPICS: Crime/Corruption; News/Current Events; US: Minnesota
KEYWORDS: keithellison
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Criminalizing the use of force to restrain suspects would hamstring the police and cost many lives, including many black lives. As if the leftists give a damn.
1 posted on 06/04/2020 1:15:38 PM PDT by karpov
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To: karpov

“...May Imperil Good Cops...”

Honest cops were in peril the day that murderer was hired


2 posted on 06/04/2020 1:17:23 PM PDT by SMARTY ("Nobility is defined by the demands it makes on us - by obligations, not by rights".)
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To: karpov

They’re overcharging and he’s going to be exonerated with double jeopardy immunity. Then they’ll burn down the city and blame trump.

I know this game.


3 posted on 06/04/2020 1:20:09 PM PDT by Samurai_Jack (God Bless you Rush Limbaugh... We are with you.)
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To: karpov

Keith Ellison did this on purpose so there would be riots when they’re acquitted.


4 posted on 06/04/2020 1:21:22 PM PDT by MuttTheHoople
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To: Samurai_Jack

Das da plan

We’ll call it the “King Strategy”


5 posted on 06/04/2020 1:21:37 PM PDT by Regulator (Why Can't We All Just Get Along?!....Cuz Y'all's crazy, that's why)
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To: karpov

Ellis wants to extend these trials as long as possible to keep the hoodlums rioting for as long as possible


6 posted on 06/04/2020 1:21:51 PM PDT by wolfman
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To: karpov

Chauvin and Floyd worked together daily as security at a small club for many years. Employees say they all knew everyone by their first name.

This really seems like the 2 (maybe 5) were involved in something bad and Floyd had to be taken out.


7 posted on 06/04/2020 1:22:18 PM PDT by MNDude
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To: karpov

Who in their right mind would ever become a cop under these circumstances?


8 posted on 06/04/2020 1:25:01 PM PDT by Ouchthatonehurt
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To: SMARTY
Honest cops were in peril the day that murderer was hired

Racist abuser Keith Ellison?

9 posted on 06/04/2020 1:25:20 PM PDT by WHBates
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To: Samurai_Jack

So the charges are harder to prove. We will have a showboat trail with Mr Ellison a visible part of it. It will be a TV event on par with the OJ trial.

Then when the acquittal or hung jury comes in, all hell will break loose again just in time for the Nov election. People cannot vote when there are riots going on. Bigger riots this time.

Count on it, they want to blow up the election as they know they cannot win any other way.


10 posted on 06/04/2020 1:26:17 PM PDT by Jimmy The Snake (Remeber)
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To: Samurai_Jack

> They’re overcharging and he’s going to be exonerated with double jeopardy immunity. <

It’s worth noting that the double jeopardy immunity would only apply to state charges. These cops can also be charged with federal crimes. That’s how they got two of the Rodney King cops. They were acquitted in a state court, then found guilty in a federal court.


11 posted on 06/04/2020 1:27:11 PM PDT by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: karpov

Not to get off topic, but did I hear Rush correctly today when he said Los Angeles “voted to defund the police”?? They can’t be serious. That’s suicide, are they nuts? Are they into having riots and looting every day?


12 posted on 06/04/2020 1:27:27 PM PDT by GrandJediMasterYoda (As long as Hillary Clinton remains free equal justice under the law will never exist in the USA)
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To: MNDude

Wow holy cow are you serious? Where did you hear that?


13 posted on 06/04/2020 1:28:41 PM PDT by GrandJediMasterYoda (As long as Hillary Clinton remains free equal justice under the law will never exist in the USA)
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To: Samurai_Jack

They’re overcharging and he’s going to be exonerated with double jeopardy immunity. Then they’ll burn down the city and blame trump.

I know this game.


I’m good with that.

Trump doesn’t appologize for a reason.

No need to sacrifice this man.

Make ‘em get on with the game.


14 posted on 06/04/2020 1:29:10 PM PDT by Empire_of_Liberty
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To: SMARTY
Honest cops were in peril the day that murderer was hired

Dr. Clarissa Cole on hiring cops who FAILED their required psych eval (After Hours AM April 17, 2019. Start at 1:18:31, listen to 1:23:29)

4 minutes 57 seconds. You will never see the world the same again.

15 posted on 06/04/2020 1:31:19 PM PDT by null and void (By the pricking of my lungs, Something wicked this way comes ...)
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To: karpov

I’d defend this new charge on the basis that Floyd contributed to his own death by fighting with the cops for some time, was very high on fentanyl and meth, and was positive for Covid-19.


16 posted on 06/04/2020 1:31:50 PM PDT by myerson
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To: karpov
Please note, people:
"The amended complaint against Chauvin also re-alleges the two homicide charges originally filed last week: third-degree “depraved indifference” murder and second-degree manslaughter"
He can be acquitted of the second degree "felony murder", and still found guilty of second-degree manslaughter, AND third-degree “depraved indifference” murder.
17 posted on 06/04/2020 1:36:36 PM PDT by null and void (By the pricking of my lungs, Something wicked this way comes ...)
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To: karpov

Duh... AG Ellison doesn’t WANT to win this case. He wants the cops to go free so the riots will continue through the election. He didn’t bump up to 2nd degree thinking the probability of conviction was higher. He bumped up knowing the probability of an acquittal or hung jury was higher!

Never let a good crisis go to waste!


18 posted on 06/04/2020 1:42:44 PM PDT by Mathews (ItÂ’s all gravy, baby!)
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To: Samurai_Jack; All
They’re overcharging and he’s going to be exonerated with double jeopardy immunity. Then they’ll burn down the city and blame trump.

Good let 'em...to me that would be the best outcome now.
19 posted on 06/04/2020 1:42:54 PM PDT by notdownwidems (Washington D.C. has become the enemy of free people everywhere!)
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To: karpov
Criminalizing the use of force to restrain suspects would hamstring the police and cost many lives, including many black lives.

Police all over the country restrain suspects hundreds or thousands of times every day. They manage to do it and still deliver their suspect to the police station alive and kicking. As long as they follow departmental guidelines while applying restraints they should have nothing to be afraid of. Intentionally violate those guidelines and bad things can happen. Including being charged with murder and facing a long time in jail.

20 posted on 06/04/2020 1:47:00 PM PDT by DoodleDawg
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