Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

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
Navigation: use the links below to view more comments.
first previous 1-2021-4041-48 last
To: karpov
Here are some old guys teaching it.

Choker Hold

Notice he says, "After he goes limp, let him go. Because he will die."

ANY responsible martial arts class where they teach this hold will stress that fact. IT'S DANGEROUS. Don't horse around with it. You can kill someone very easily. The old guy in this video says death in 25 seconds. It's been a long time, but I recall one minute.

The point is, they always teach students of the extreme danger. I knew of it when I was 12 years old. And I'm sure officer Chauvin knew of it, too. Which means... Chauvin not only murdered Floyd, he tortured and murdered him by making him suffer the sense of oxygen deprivation for eight long minutes before finally delivering the coup de grace. He deserves life in prison, I'm sorry to say.

41 posted on 06/04/2020 3:53:58 PM PDT by LibWhacker
[ Post Reply | Private Reply | To 1 | View Replies]

To: 17th Miss Regt

And this is LA, the city that is already overrun by foreign drug gangs. These people are insane. They have the South American equivalent of ISIS already in their backyard, and they are removing the only thing standing between them and having their kids skinned alive and I am not making that up. Mexican drug gangs regularly post videos of them skinning people - mostly teens - alive. They did so last month, removed this teens face and videotaped him pleading for mercy. I don’t know anyone who lives in LA, but if I did, I would beg them to get the hell out now.


42 posted on 06/04/2020 4:06:55 PM PDT by GrandJediMasterYoda (As long as Hillary Clinton remains free equal justice under the law will never exist in the USA)
[ Post Reply | Private Reply | To 35 | View Replies]

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

First thing I thought of was the Scottsboro Boys. The appeal of their convictions and death setences was financed by the American Communist Party and the NAACP. Some in the NAACP, noticing that the Communists put their energy into press releases and not appellate briefs, came to the conclusion that the Communists did not want to win the appeal. The Communists wanted them all to die in the electric chair, because that would cause the most unrest, and advance their agenda.

43 posted on 06/04/2020 4:10:18 PM PDT by Pilsner
[ Post Reply | Private Reply | To 4 | View Replies]

To: karpov

I just watched the full unedited video on Documenting reality. Give me a break, without question, without one scintilla of doubt, this was premeditated murder. This guy was intentionally, intentionally killed. See for yourself...........

https://www.documentingreality.com/forum/f166/minnesota-man-dies-custody-212802/


44 posted on 06/04/2020 4:29:54 PM PDT by GrandJediMasterYoda (As long as Hillary Clinton remains free equal justice under the law will never exist in the USA)
[ Post Reply | Private Reply | To 1 | View Replies]

To: I want the USA back
Getting a fair trial? What a quaint notion. So second-millennium.

Barr today was patting himself on the back for bringing federal charges against the cops in the Rodney King case when the first trial did not result in the desired outcome. Some people will feel that any verdict other than the death penalty for all four cops will be justification for more riots. I don't think the death penalty is a legal possibility.

45 posted on 06/04/2020 4:38:46 PM PDT by Verginius Rufus
[ Post Reply | Private Reply | To 39 | View Replies]

To: null and void

They need to makeup their mind on what they are charging him with !


46 posted on 06/04/2020 5:30:23 PM PDT by Pikachu_Dad ("the media are selling you a line of soap)
[ Post Reply | Private Reply | To 17 | View Replies]

To: karpov

“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.”

The knee in the neck, after the deceased was on the groud and cuffed, goes much further that mere “use of force.”

It is the officer meting out punichment, before the man has given a trial.

From the earliest times, proportionality was a concept of law & order.


47 posted on 06/04/2020 5:57:29 PM PDT by truth_seeker ( ^^\/**|_|**\/ ^^^^)
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

I just read through the comment section attached to the NR article. One person posted info from the autopsy I hadn’t seen before. It stated that there were no compression injuries, or bleeding in the layers of Floyd’s neck, no bite marks on his tongue, or breakage or displacement of the Hyoid bone.


48 posted on 06/04/2020 8:13:25 PM PDT by Amberdawn
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-48 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson