Minneapolis PD Suffocate Unarmed Black Man Who Later Dies in Hospital

[troutman]

609.205 MANSLAUGHTER IN THE SECOND DEGREE.

A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or . . .


https://www.revisor.mn.gov/statutes/cite/609.205
https://www.revisor.mn.gov/statutes/cite/609/full


609.175 CONSPIRACY.

Subd. 2.To commit crime.

Whoever conspires with another to commit a crime and in furtherance of the conspiracy one or more of the parties does some overt act in furtherance of such conspiracy may be sentenced as follows:


609.233 CRIMINAL NEGLECT.

Subdivision 1.Gross misdemeanor crime.

A caregiver or operator who intentionally neglects a vulnerable adult or knowingly permits conditions to exist that result in the abuse or neglect of a vulnerable adult is guilty of a gross misdemeanor.

[Leondros]

Originally Posted by nik-

But you could argue that they do.

Absolutely

[CorsiHockeyLeague]

Originally Posted by troutman

609.205 MANSLAUGHTER IN THE SECOND DEGREE.

A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) by the persons culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or . . .


https://www.revisor.mn.gov/statutes/cite/609.205
https://www.revisor.mn.gov/statutes/cite/609/full

That's a rough one too, though, because their counsel would argue that they didn't create the risk, they merely allowed it to continue to exist. They also did not cause the death, they merely did not prevent it. The actus reus appears not to have been made out, to me, but I am obviously not a criminal lawyer of any sort, much less called to the Minnesota Bar.

Anyway, probably pointless to speculate, might as well just wait and see what they say. It will be interesting though.

[transplant99]

Im guessing here but if the AG is going to accept the independant autopsy over the ME, then i think the rest of the officers (well the 2 on his back) can be charged with 3rd degree as well.

If they are ignoring the indepedant autopsy and only going off the ME findings, then it will be a lesser chrage but not insignificant either. Manslaughter likely.

Either way, all 3 of them will be spending the next while in holding cells.

[Scroopy Noopers]

Getting tired of this with politicians and reporters. Anyone who pushes Trudeau to condemn Trump at this point isn’t paying attention. We know he condemns him. Almost everybody does. But let’s not poke the orange maniac right now, it’s in our best interest. Stick to the issue, not the individual.

[cam_wmh]

Jonathan Toews, with some rational words.
https://www.hockeyfeed.com/nhl-news/...8krczah9Q7Bvrk

[KootenayFlamesFan]

Originally Posted by Scroopy Noopers

Getting tired of this with politicians and reporters. Anyone who pushes Trudeau to condemn Trump at this point isn’t paying attention. We know he condemns him. Almost everybody does. But let’s not poke the orange maniac right now, it’s in our best interest. Stick to the issue, not the individual.

I just read about Singh calling out Trudeau. Trudeau blasting Trump by name at this time would be absolutely asinine, nothing good would come of it. The long pause before his answer yesterday spoke volumes. No need to go any further than that. Swing and a miss by Singh.

[Fuzz]

Some days I wish the legal system was based on common sense. I know, I know. But in a case like these I see them all as guilty and deserving of justice. And I just know that common snese justice won't be served.

[Locke]

Originally Posted by Scroopy Noopers

Getting tired of this with politicians and reporters. Anyone who pushes Trudeau to condemn Trump at this point isn’t paying attention. We know he condemns him. Almost everybody does. But let’s not poke the orange maniac right now, it’s in our best interest. Stick to the issue, not the individual.

Yes. Everyone should just leave it well enough alone.

Finally Trudeau is doing something smart by shutting his stupid mouth, lets not encourage him to open it.

[Scroopy Noopers]

Originally Posted by KootenayFlamesFan

I just read about Singh calling out Trudeau. Trudeau blasting Trump by name at this time would be absolutely asinine, nothing good would come of it. The long pause before his answer yesterday spoke volumes. No need to go any further than that. Swing and a miss by Singh.

Trump is begging for that distraction. Keep that in mind when your trying to decide who’s side you’re on.

[KootenayFlamesFan]

Chauvin to be charged with 2nd degree murder.

Ellison is expected to provide an update this afternoon on the state’s investigation into Floyd’s death. According to sources, former officer Derek Chauvin, recorded on video kneeling on Floyd’s neck as he begged for air on May 25, will now be charged with second-degree murder.

The other three officers at the scene — Tou Thao, J. Alexander Kueng and Thomas Lane — will also be charged with aiding and abetting second-degree murder, according to the sources, who spoke on conditions of anonymity. Chauvin was arrested last Friday and charged with third-degree murder and manslaughter.

https://m.startribune.com/ellison-ex...ion/570984872/

[Yamer]

Originally Posted by KootenayFlamesFan

Chauvin to be charged with 2nd degree murder.

That's pretty significant, and welcome news. Hope their cases are strong enough for convictions.

[GirlySports]

Originally Posted by KootenayFlamesFan

Chauvin to be charged with 2nd degree murder.

https://m.startribune.com/ellison-ex...ion/570984872/

That's great, has to be 2nd degree murder.


For the three observers, that's tough. Were they subordinates to Chauvin? Did they think, no way he's going to continue. Even if one of them yelled, hey, you might kill him!


I think that will be tougher to prove this dynamic. Pretty sure the three will testify that they were subordinates.

[Locke]

Originally Posted by GirlySports

That's great, has to be 2nd degree murder.


For the three observers, that's tough. Were they subordinates to Chauvin? Did they think, no way he's going to continue. Even if one of them yelled, hey, you might kill him!


I think that will be tougher to prove this dynamic. Pretty sure the three will testify that they were subordinates.

So they were just following orders?

[GirlySports]

Originally Posted by Locke

So they were just following orders?

Not necessarily following orders but if in fact Chauvin is the senior officer of the four, it's tough I think in that moment. You don't think your senior officer will go to that extreme, any second now he's going to get his knee off the guy who's yelling, right?

Yeah one of them should have said, "hey, watch it, you're might kill him." but it is a crime?

[Ped]

Originally Posted by GirlySports

Yeah one of them should have said, "hey, watch it, you're might kill him." but it is a crime?

Yes.

[FlamesAddiction]

Originally Posted by GirlySports

Not necessarily following orders but if in fact Chauvin is the senior officer of the four, it's tough I think in that moment. You don't think your senior officer will go to that extreme, any second now he's going to get his knee off the guy who's yelling, right?

Yeah one of them should have said, "hey, watch it, you're might kill him." but it is a crime?

Their job is literally to prevent crime. What was happening was obviously a crime in progress, and they were part of it.

Police have some latitude to enforce the law, but they have no right to break the law.

[schteve_d]

I still can't help but think that the cop kneeling on his back is just as guilty as the one on his neck. Obviously, the one on the neck looks worse, but still. There's a third guy kneeling on what appears to be his legs. He might be slightly less culpable, at least in directly leading to Floyd's death, but is guilty of at least being an accessory.

[Coach]

Saying "Hey maybe not" is the very least they could have done.

Physically pulling Chauvin off of Floyd is what they should have done.

It is their job to protect citizens. Even from other police.

[Lubicon]

Originally Posted by GirlySports

Not necessarily following orders but if in fact Chauvin is the senior officer of the four, it's tough I think in that moment. You don't think your senior officer will go to that extreme, any second now he's going to get his knee off the guy who's yelling, right?

Yeah one of them should have said, "hey, watch it, you're might kill him." but it is a crime?

I am by no means any kind of expert on law, let alone American law. But could that not be construed as recognition of the issue and therefore they knew the actions could be harmful yet did nothing to stop them?