Reply to Thread for Derek Chauvin trial watchers?

Forum Index » Off-Topic

Reply to "Thread for Derek Chauvin trial watchers?"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous][quote=Anonymous]Lawyers, help me out here. I just don’t see how he could possibly found guilty for murder 2 or murder 3. Can you explain how this could be argued?

I do see how he could be found guilty of excessive force or manslaughter. [/quote]

Charged with 2nd degree “unintentional” murder under MN statute:

-Cause the death of another, without intent, while committing or attempting to commit a felony offense

https://www.revisor.mn.gov/statutes/cite/609.19

Prosecution argument:

1. Use of force was not objectively reasonable and as such constituted felony assault

2. Floyd’s death was caused by Chauvin’s restraint of Floyd

Note: the accused has to substantially contribute to cause of death. So causing a heart attack, for example, is still an issue if that’s a reasonable and natural conclusion of your conduct.

Charged with 3rd degree murder under MN statute:

-cause the death of another, without intent, while perpetrating an act eminently dangerous to [b]others[/b], depraved mind, without regard to human life

Argument:

1. Use of force was not objectively reasonable and indicated depraved conduct without regard to human life

2. That conduct caused or was a substantial contributing factor to Floyd’s death

The prosecution started expert witness testimony with use of force experts, and then moved to medical experts. I’m just stating a broad overview of their arguments as I see it.

I bolded “others” because it’s at the heart of an appellate issue. In 2019, Mohammed Noor, a former MPD officer, was convicted of 3rd degree murder for firing across the driver’s seat of a squad car, killing Justine Damond. Note that it could be argued that this conduct endangered “others.” Chauvin was originally charged with 3rd degree murder, but then the charge was dropped with the judge citing case law that this charge applies to conduct that endangers others in general, not one specific person. Chauvin’s conduct was intentional towards Floyd. A Noor appeal decision clarified that endangering others could apply to one person, the MN Supreme Court declined to intervene before trial and handed the decision to the presiding judge (Judge Cahill), so Judge Cahill reinstated the charge.

I think there could be an issue on appeal if Chauvin is only convicted of 3rd degree murder. 2nd degree unintentional and 3rd degree carry the same charging recommendations. [/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics