re: Derek Chauvin's defense....

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It specifically says he did not die from suffocation or asphyxia

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It says he didn't die due to "strangulation or traumatic asphyxia." His windpipe wasn't restricted. It's very possible that he died of positional asphyxia.

LINK

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In recent years, many police departments have trained officers to be alert to the risk of what's called "positional asphyxia," the possibility that prolonged restraint of a suspect in a prone position can be deadly. It's a lesson some in the Minneapolis Police Department already learned once, 10 years ago.

Minneapolis paid out $3 million dollars to settle a lawsuit over the 2010 death of David Smith, 28. The young black man was mentally ill, his attorneys said, and died after officers Tasered him and then held him face-down on the floor for several minutes. One of them kept a knee on his back even after he stopped responding to questions.

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It's why the medical report cites the position as a known dangerous technique, and why his partner recommended letting him up to avoid excited delirium. Negligence on chauvin's part.

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Just because you never heard of it doesn’t mean it isn’t true. In fact I bet there are lots of things that are true that you’ve never heard.

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So if they can claim that they were taught this knee-choke in academy and therefore have no responsibility when it goes wrong, does that mean they can also claim the same defense when they shoot a suspect dead? The academy teaches them to shoot, too. Just because you're taught something doesn't mean you don't use the method responsibly. Not to mention, the practice is no longer taught in the academy.

The fact he never checked his pulse, nor ever showed any regard for Floyd's well-being after he'd lost consciousness, means this is murder. One of the bystanders was with the FD and was EMS trained, hollering at the cops to check his pulse and get off of him....they completely ignored the medical personnel on site (Good Samaritan laws require them to listen, imo).

He's fricked. They're fricked. Throw in their professional records showing a history of brutality, and they're especially fricked. There is no legitimate defense for the actions taken by those officers that day.

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He isn’t being convicted on murder if an unbiased jury is out there. You can’t prove intent.

You might be able to prove negligible homicide/involuntary manslaughter. In my opinion, that’s where prosecutors have to go with this.

But I’m not an attorney. I also know the charges will be more political than proper application.

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Can people please read the statutes before they start spouting out inaccurate information. Real life is not Law and Order, every state has different statutes with different requirements for different crimes and degrees. Murder 3 has no intent requirement, only requires "inherently dangerous acts." So while you may think this is a "manslaughter" case, you actually don't know what you are talking about because you are pulling stuff out of your arse.

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Murder 3 has no intent requirement, only requires "inherently dangerous acts."

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This is why I think it's going to bite them in the arse. If they're trained that knee to neck for a prolonged period in prone position is "inherently dangerous," which is the exact phrasing used in the report, then he can be found guilty of murder 3.

God does. My guess is the officer was not trying to kill him but restrain him. Why don't we wait to see what the court says?

If the neck had been broken, this would probably be more of an open and shut case... Until this passes through the courts, we just don't know.

I'll bet, if he's found innocent of murder 3, there will be hell to pay... Just like with Darren Wilson and Ferguson.

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I have read all of your posts in this thread.
Based on those posts, you don't seem to be very well informed.
Please tell me more about the continuum of force training that you have had and your experiences in applying it.
Maybe you have some experience in defending those that have applied the training they have received. I would definitely like to hear about that!

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Continuum of force training is not universal so it relies on local law and I doubt anyone here has experience with the MN laws. The problem with using the general tenants of continuum of force is when the suspect was cuffed and subdued the speed of the encounter slows down and the officer's actions start to fall under a different set of standards. 10 minutes is a lot of time to think, even the 3 minutes when he was aware of the lack of pulse is a huge amount of time to consider actions.

I think Chauvin's actions will be difficult to fit inside Graham v. Connor as reasonable. It isn't really the knee to the neck issue it is the knee to the neck for 10 minutes issue.

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This has all the makings of a “suicide”

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Assisted suicide, you mean

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Bingo. I think they get him for manslaughter and he does 10-15 years in a low/med security joint away from general pop then walks out with a one way ticket to Alaska to live out the rest of his days in hiding.

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Likely only 5 years if manslaughter, the only way he gets over 10 is with a Murder 3rd conviction.

Hw will be in Ad-Seg no matter where he goes but in most states he would be in max if he takes a murder conviction maybe medium if he gets convicted or pleads to Manslaughter 2nd.