Posted on 07/08/2020 2:26:35 PM PDT by SeekAndFind
Homicide means a human killed victim.
Does not mean “murder”.
Could be “self-defense” or “accident”.
The negligence was intentional and it lead, in part, to Floyd's death. The charge is second degree murder, jury may convict him of third degree murder. Noor got twelve and a half years for killing Justine Diamond. I don't see Chauvin getting more than that.
Maybe not second degree murder. But the requirements for third degree murder meet the fact of this case.
According to the transcripts of the body cams, Floyd said 20 times he couldn't breathe. And there was no reason to believe he was going to die?
Win or lose they will riot again
If he said 20 times that he couldn’t breath - well, that takes 20 breaths..
Nope,not intentional.Negligence,by its very definition,cannot be intentional.
“Floyd had been “digging underneath the seat” when they first approached, however, which made them think he was potentially going to pull out a weapon.”
Since he didn’t pull out a weapon, perhaps he was putting instead of pulling. What, if anything, was found under the seat? Presence of fentanyl or fentanyl residue on it or the car in that area would be big for the overdose theory.
Maybe not. According to the toxicology report he had a lethal dose of fentanyl in his system. And the Left Anterior Descending coronary artery (the so-called “widowmaker”) was 75% occluded in two places.
3rd degree murder in Minnesota requires "depraved indifference" -- but in Minnesota that term (as described in earlier MN Supreme Court Cases) means more or less, heedless of the danger to the public at large, and specifically NOT reckless towards one specific individual.
I think they can/should nail Mr. Kneecap for not even going through the motions of CPR, when another policeman said that George Floyd didn't have a pulse. But that'd be another set of laws.
It’s less about punishing the cops as it is about using this as a lever to destroy America and its institutions.
It required "...an act eminently dangerous to others and evincing a depraved mind, without regard for human life..." A much lower threshold than what you describe and one which seems to describe Chauvin's actions. Noor was convicted of it, it seems likely that if Chauvin is convicted of anything it'll be third degree murder as well.
Criminal negligence is defined as "...conduct in which a person ignores a known or obvious risk, or disregards the life and safety of others." If you ignore something then that's intentional.
And stopped on the 21st.
[Bryan24 #13] Both of them indicated homicide,[shelterguy #16] Homicide just means a death due to something other than natural causes. They didn’t say murder.
FLOYD George - Final Autopsy Results 20 pp.
Press Release Report; Floyd, George Perry; Case No: 2020-3700 1 page.
Cause of death: Cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compressionManner of death: Homicide
How injury occurred: Decedent experienced a cardiopulmonary arrest while being restrained by law enforcement officer(s)
Other significant conditions: Arteriosclerotic and hypertensive heart disease; fentanyl intoxication; recent methamphetamine use
Please direct any media inquiries to Carolyn Marinan, Hennepin County Communications at carolyn.marinan@hennepin.us.
Comments:
Manner of death classification is a statutory function of the medical examiner, as part of death certification for purposes of vital statistics and public health. Manner of death is not a legal determination of culpability or intent, and should not be used to usurp the judicial process. Such decisions are outside the scope of the Medical Examiner’s role or authority.
For comparison, see the Autopsy Report in the case of Tony Timpa.
Case: IFS-1 6-14001 - ME -- Page 7 of 8Timpa, Anthony Alan
Based on the case history and autopsy findings, it is my opinion that Anthony Alan Timpa, a 32-year-old white male, died as a result of sudden cardiac death due to the toxic effects of cocaine and physiologic stress associated with physical restraint.
Cardiac hypertrophy and bipolar disorder contributed to his death.
The mechanism of death in cases such as this is sometimes referred to as "excited delirium syndrome (EDS)." Classically, people affected by EDS are witnessed to exhibit erratic or aggressive behav ior, and will often "throw off" attempts at restraint, requiring multiple people to subdue them. The person will appear to calm down and will suddenly become unresponsive. Most cases are associated with drug intoxication and/or psychiatric illness.
In this case, several factors likely contributed to the death. The surveillance and body cam footage and witness reports fit the classic scenario of excited delirium syndrome, and cocaine use and psychiatric illness (bipolar disorder) are common predisposing risk factors for EDS. Cocaine leads to increased heart rate and increased blood pressure, making a cardiac arrhythmia more likely. Due to his prone position and physical restra int by an officer, an element of mechanical or positional asphyxia cannot be ruled out (although he was seen to be yelling and fighting for the majority of the restraint). His enlarged heart size also put him at risk for sudden cardiac death.
Although the decedent only had superficial injuries, the manner of death will be ruled a homicide, as the stress of being restrained and extreme physical exertion contributed to his demise.
MANNER OF DEATH: Homicide
/s/
Emily Ogden, M.D.
Medical Examiner
10/17/2016/s/
Elizabeth Ventura, M.D.
Medical Examiner
10/12/2016/s/
Candace Schoppe, M.D.
Medical Examiner
10/12/2016/s/
Chester S Gwin, M.D.
Medical Examiner
10/11/2016
The autopsy finding of homicide does not impute criminality or intent. It imputes a death by causes other than natural, suicide, or accident. See the result in the case of Tony Timpa.
Dallas County District Attorney John Creuzot has dismissed charges against three Dallas police officers indicted almost two years ago on misdemeanor deadly conduct charges in the death of a handcuffed man.. . .
"Today's decision to dismiss the charges was made following a lengthy investigation and determination as to the official cause of death of Mr. Timpa," Creuzot said in a news release.
Creuzot's statement said he met with "all three medical examiners" who had testified to the grand jury that indicted the officers. They told him they did not believe the officers acted recklessly and "cannot, and will not, testify to the elements of the indictment beyond a reasonable doubt."
Google "jury nullification" if you wish...there's a lot of interesting stuff on it out there.Some of it goes back to the 1700s.
If you dig around you can find the MN Supreme Court’s definition.
Noor wasn’t necessarily aiming and firing at the woman he killed individually ; his actions were more like the example listed somewhere of a hunter shooting at a rustling in the bushes which kills a person.
How come no one is talking about AG Ellison wont release the police body cams from when they had Flyod in the back seat?
AG Ellison ruined his chances for a conviction when he bumped up the charges.
These officers best defense will be a trial by the judge with no jury. Go back and look at the Freddy Gray case in Baltimore. 4 trials by a judge and all of them were found not guility. This will happen here again.
Remember, the left doesnt want justice they want more killing, looting and arson. BLM events only happen around our elections every 4 years and they are pulling out all the stops to steal the presidential this time.
Once these men are found not guility the nation will burn once again. The big cities are 3rd crapholes. Armed robbery with a gun will get you 10 years in Virginia. How come Floyd only got 10 months for it. The major cities are massive crime zones. Why anyone would want to live in or near one is beyond me.
The facts are this man was seriously overdosed and close to death before the police arrived. He was sitting a car with 2 other people when the cops got there so why did have a problem getting another vehicle? He knew was going to jail and was resisting arrest. Plain and simple. They cops feared for their own safety. That is why they restrained him till EMT’s arrived.
The resulting riots are not for any rights of black Americans. This whole event has been hijacked by Democrats and ANTIFA to further their goals. It will continue to serve thir purpose even after the election. If Biden wins want do you want to bet CNN drops all of this to cover Bidens sorry butt as he as ascends his throne. Or should i say Hillary ascends her throne.
Take your emotions out this case and you will see something entirely different. Rodney king. Ops walked, Freddy Gray cops walked and O.J. walked.
All the cops will walk free.
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