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re: Derek Chauvin trial - GUILTY ON ALL CHARGES. Update: His sentencing is today

Posted on 4/9/21 at 6:21 pm to
Posted by Rebel
Graceland
Member since Jan 2005
144047 posts
Posted on 4/9/21 at 6:21 pm to
quote:

IT_Dawg


Here is the definition of the manslaughter charge according to the state of Minnesota.

quote:

Second-degree manslaughter: According to the Minnesota statute, when someone “creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another” is guilty of manslaughter in the second degree.


Every "expert" that testified eventually had to agree that that not only was the way GF being restrained legal and taught, they all had to admit it was the lessor of several other options available to the officers at the time. They could have tazed him. They could have used "the hobble".

There is no way a reasonable person could think that Chauvin acted in a "conscience way" to cause GF's death. If that was the case they would not have 1) called for medical. 2) called back to elevate the seriousness for need of medical.
Posted by Jake88
Member since Apr 2005
80177 posts
Posted on 4/9/21 at 6:23 pm to
quote:

consciously takes chances of causing death or great bodily harm to another”
Hard to say following manual training does this.
Posted by Rebel
Graceland
Member since Jan 2005
144047 posts
Posted on 4/9/21 at 6:23 pm to
quote:

he told the prosecution that he thinks the police caused the death. WTF


he never said that. why would you say he said that?

Posted by RB10
Member since Nov 2010
52243 posts
Posted on 4/9/21 at 6:26 pm to
quote:

low IQ posters like to pretend it would be somehow disparaging if I were a female. its a middle school mentality they cant help revert to when faced with facts that challenge their feelings.


Imagine saying this while responding to your alter you created to compliment and upvote yourself.

Posted by AMS
Member since Apr 2016
6537 posts
Posted on 4/9/21 at 6:33 pm to
quote:

Imagine saying this while responding to your alter you created to compliment and upvote yourself.




I would have to imagine that because i dont have an alt, havent been complimented, nor upvoted.

but go ahead with your make believe.
Posted by Rossberg02
Member since Jun 2016
2591 posts
Posted on 4/9/21 at 6:35 pm to
GF actions caused a reaction. Unfortunately, it was him losing his life. No drugs in mouth, no increased life threatening issues. Not resisting and not listening, not placed on the ground and restrained.

It’s very cut and dry. That would be like blaming an innocent driver who was involved in wreck with with a drunk driver and the drunk driver losing their life. We don’t blame the innocent driver for being in the road and surviving. Or an innocent pedestrian being mugged then killing the perp while defending themselves.
Posted by RB10
Member since Nov 2010
52243 posts
Posted on 4/9/21 at 6:36 pm to
quote:

but go ahead with your make believe.


Ironic given your involvement in the several threads on this topic.

Posted by Tortious
ATX
Member since Nov 2010
5739 posts
Posted on 4/9/21 at 6:38 pm to
quote:

AMS


Are you the curly haired prosecutor?
Posted by LightMerchant
Member since Apr 2021
221 posts
Posted on 4/9/21 at 6:43 pm to
quote:

havent been complimented


They didn’t catch that the post was not so much complimenting YOU but calling them dumb.

Well, I was more kind than that. I used analogy wherein they were overthinking and over-complicating.


It’s simple once you see it.

epiphany
Posted by blueboxer1119
Baton Rouge
Member since May 2013
9796 posts
Posted on 4/9/21 at 6:45 pm to
quote:

Chauvin’s act caused Floyd’s poor health condition to kill him.

We can debate what Chauvin could have done differently, his intent, his level of neglect...

...but his act caused Floyd’s death.



What if Chauvin was chasing GF in a car, GF gets broadsided at an intersection and dies.

Is that homicide?

Under this scenario, did Chauvin's pursuit (act) result in the fatality?
Posted by momentoftruth87
Your mom
Member since Oct 2013
86110 posts
Posted on 4/9/21 at 6:49 pm to
quote:

Are you the curly haired prosecutor?


More like the retarded female emt bystander
Posted by LightMerchant
Member since Apr 2021
221 posts
Posted on 4/9/21 at 6:56 pm to
quote:

GF actions caused a reaction. Unfortunately, it was him losing his life. No drugs in mouth, no increased life threatening issues. Not resisting and not listening, not placed on the ground and restrained. It’s very cut and dry. That would be like blaming an innocent driver who was involved in wreck with with a drunk driver and the drunk driver losing their life. We don’t blame the innocent driver for being in the road and surviving. Or an innocent pedestrian being mugged then killing the perp while defending themselves.


That post and the analogy within are pained, to say the least.

I can’t even tell if it attempts to argue on behalf of Floyd or Chauvin.

GF’s action caused a reaction and Chauvin’s reaction killed Floyd.

The analogy is flawed because Floyd did not die independent of Chauvin’s action. Your drunk driver died independent of any act by the innocent driver. For the analogy to apply it would have to be: drunk-driver lives but is seriously injured, innocent driver sits on top of drunk in order that they do not get away, sitting on the person causes them to die due to injury from wreck combined with being sat upon, innocent driver commits homicide.
Posted by ApexTiger
cary nc
Member since Oct 2003
56575 posts
Posted on 4/9/21 at 7:01 pm to
quote:

I don't know why this post went largely unnoticed, but it's spot on and perfectly describes the situation and state of the trial.


thank you Razor for taking the time to read it


Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 4/9/21 at 7:03 pm to
So far my opinion is this:

Floyd made decisions that cost him his life:

1) Drug use
2) ingesting more drugs in an attempt to hide them
3) resisting arrest
4) Lying about his use of drugs

Officers made mistakes with how they restrained him. But ultimately it was Floyd's decisions that were the #1 cause of his death.

I could see the officers being liable civilly and administratively but not criminally.
Posted by BradBallard
Wilmington, Delaware
Member since Jun 2020
567 posts
Posted on 4/9/21 at 7:04 pm to
Since it’s the weekend, and there won’t be any testimony for a couple of days, here’s a case from the “Land of Biden” that had garnered a lot of attention locally over the last few years.

In a nutshell, there was a 3 on 1 fight in a girls bathroom at a high school, the 1 ended up passing away because of the fight. Upon the autopsy, it was found that she had a rare heart defect that contributed to her death.

The girls were found guilty during a bench trial, but the most serious charges were overturned by the State Supreme Court because the girls had no way of knowing that the fight would flare up an unknown heart condition.

After this week, to me, the central question in the Chauvin case is very similar to this case. Hopefully this spurs some good discussion during the downtime this weekend.

Delaware Supreme Court




This post was edited on 4/9/21 at 7:06 pm
Posted by LightMerchant
Member since Apr 2021
221 posts
Posted on 4/9/21 at 7:05 pm to
quote:

What if Chauvin was chasing GF in a car, GF gets broadsided at an intersection and dies. Is that homicide? Under this scenario, did Chauvin's pursuit (act) result in the fatality?


I think the difference there is indirect vs direct.

The pursuit was indirect cause.

The subdual & restraint of Floyd direct cause ( according to the ME ).

And remember, Floyd is in Chauvin’s custody. Floyd was in Chauvin’s CARE.

I could be mistaken, but once a person is in police custody the police are legally responsible for that person’s life. Which is why there are civil suits suing police for deaths of arrestees, inmates, etc.
Posted by WaWaWeeWa
Member since Oct 2015
15714 posts
Posted on 4/9/21 at 7:06 pm to
quote:

except the hypopharynx is compressible with as little force as used with cricoid pressure.


Jesus Christ you are an idiot.

The esophagus is contained in the hypopharynx. They are describing the decrease in the area that leads to the esophagus (which is the purpose of the cricoid pressure) not the airway.

They even have separate measurements of the airway during the cricoid pressure and admit that it doesn’t compress much at all with pressure

You don’t understand the anatomy

From your article...

quote:

Although the AP airway diameter before CP was similar (16.8–17.1 mm in the three positions) in our study compared with Smith et al.9 (17.1 mm), the change with compression was quite different. Smith et al. reported a decrease of 4 mm, which is a 23% decrease (4 mm/17.1 mm) in the AP diameter of the airway with CP, whereas we measured only a 6% decrease (about 1.0/16.8 mm), which is in keeping with application of pressure over a relatively rigid cartilaginous ring such as the cricoid.
Posted by momentoftruth87
Your mom
Member since Oct 2013
86110 posts
Posted on 4/9/21 at 7:19 pm to
Still gotta dig into the jury, but I don't think it will be a majority, no way unanimous
This post was edited on 4/9/21 at 7:20 pm
Posted by LightMerchant
Member since Apr 2021
221 posts
Posted on 4/9/21 at 7:21 pm to
quote:

After this week, to me, the central question in the Chauvin case is very similar to this case.


I’ll ck out the case, thanks.

The only position I have taken is that Chauvin committed homicide.

This may be a key statement from that Delaware case:

“ were too far removed from the way that she died to blame Tracy for her death.”


Posted by LightMerchant
Member since Apr 2021
221 posts
Posted on 4/9/21 at 7:26 pm to
Discussions here during Arbery and Breonna Taylor trials gonna be interesting. If the cases go to trial.

By “interesting” I mean the complexities of those cases and the grey areas / areas open for interpretation.
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