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Started By
Message
re: BREAKING: Officer Derek Chauvin is in custody
Posted on 5/29/20 at 12:40 pm to BayouCowboy
Posted on 5/29/20 at 12:40 pm to BayouCowboy
quote:Interesting. I looked it up. Falls under 3rd degree murder in Minnesota and this is the statute:
I'm not saying they should be charged, but my guess would be "Depraved indifference".
quote:
609.195 MURDER IN THE THIRD DEGREE.
(a) Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years.
(b) Whoever, without intent to cause death, proximately causes the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule I or II, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $40,000, or both.
I'm still hung up on the part that says they'd have to perpetuate an act eminently dangerous to others. Its clear that Chauvin did but the other 3 not so obvious.
3
Posted on 5/29/20 at 12:41 pm to roadGator
quote:
Cop rules? Where are those written? Minny council weirdos should do something about those rules.
DAs and prosecutors tend to prefer a grand jury indictment so it doesnt look like they are going after the very people that bring them cases. So if you have to wait for a grand jury why put them in jail for 72 hours in the first place.
the incentive/relationship structure is kinda screwed up in these situations
/kinda guessing
Posted on 5/29/20 at 12:41 pm to EZE Tiger Fan
quote:
Well, this should stop your mentally ill ilk from destroying the city.
It should. Probably won’t.
Posted on 5/29/20 at 12:42 pm to Tiger Prawn
quote:
Its clear that Chauvin did but the other 3 not so obvious.
Agreed. The other three are not going to be charged with murder. I'm perusing MN's criminal code right now, and I cannot make any of them fit for those guys. Even 2nd degree manslaughter requires the defendant to have actually done something or proximately caused the death to occur.
From a civil perspective however, those guys are toast and so is the department and city.
This post was edited on 5/29/20 at 12:44 pm
Posted on 5/29/20 at 12:42 pm to tigerinDC09
Good, now let the legal process begin and stop the rioting.
Posted on 5/29/20 at 12:42 pm to Dawgfanman
Minny city council weirdos should fix that. No?
Posted on 5/29/20 at 12:43 pm to TbirdSpur2010
quote:
Only one? Not gonna fricking cut it.
While the others definitely should be in legal Jeopardy, I've got to imagine that developing the case on them is more difficult
Posted on 5/29/20 at 12:43 pm to Indefatigable
quote:
Does Minnesota have a criminal statute for that?
IDK. I'm not a lawyer. It's a relatively common and well known charge which I suspect is on the books in every state. I have no idea how commonly it's applied and successfully argued or whether it would apply in this case.
The breadth of my legal expertise comes from years of watching Law and Order.
Posted on 5/29/20 at 12:44 pm to tigerinDC09
Seems like murder 2 or 3, or whatever degree of manslaughter.
Was the intent to kill the man? Can that be established? Did the guy not believe him bc he's heard "I can't breathe" a million times?
No matter the case, it is likely he will be found guilty of at least manslaughter.
Was the intent to kill the man? Can that be established? Did the guy not believe him bc he's heard "I can't breathe" a million times?
No matter the case, it is likely he will be found guilty of at least manslaughter.
This post was edited on 5/29/20 at 12:45 pm
Posted on 5/29/20 at 12:45 pm to m2pro
quote:it's going to be very hard to establish that. That said. These guys apparently knew each other so there may be some things we don't know yet in terms of motive
Was the intent to kill the man? Can that be established?
Posted on 5/29/20 at 12:45 pm to BayouCowboy
quote:
I'm not a lawyer. It's a relatively common and well known charge which I suspect is on the books in every state. I have no idea how commonly it's applied and successfully argued or whether it would apply in this case.
The other poster quoted MN's third degree murder statute above, which is the closest thing on their books to depraved indifference. But even that statute requires that the defendant have committed an act. I think that is a stretch for the three guys who were just standing there.
Posted on 5/29/20 at 12:45 pm to roadGator
quote:
Minny city council weirdos should fix that. No?
It’s not just s problem in Minnesota, but yes someone should fix this issue. Why let a suspected murderer run around free for 3 days? He is clearly a danger to society. Was he drug from his home like a wild croc? Did they bust up his house and put guns to his kids heads? That’s what they normally do when taking a dangerous criminal into custody. Why is this different?
Posted on 5/29/20 at 12:45 pm to Indefatigable
quote:
Even 2nd degree manslaughter requires the defendant to have actually done something or proximately caused the death to occur.
Two of them were holding him down while Chauvin choked him out.
Posted on 5/29/20 at 12:46 pm to m2pro
At most manslaughter.
Posted on 5/29/20 at 12:46 pm to Tiger Prawn
Looks like "b" is there to prosecute killing people accidentally while under the influence of drugs or alchohol.
While that kind of crime is reprehensible, to me this is worse.
Chauvin had no regard for the victim's life. He just killed him slowly.
I think he gets charged with manslaughter, as reasonable doubt is a tough nut to crack for a prosecutor.
While that kind of crime is reprehensible, to me this is worse.
Chauvin had no regard for the victim's life. He just killed him slowly.
I think he gets charged with manslaughter, as reasonable doubt is a tough nut to crack for a prosecutor.
Posted on 5/29/20 at 12:46 pm to Indefatigable
quote:
The other poster quoted MN's third degree murder statute above, which is the closest thing on their books to depraved indifference. But even that statute requires that the defendant have committed an act. I think that is a stretch for the three guys who were just standing there.
They actively prevented others from rendering aid. Not sure that’s a crime though
Posted on 5/29/20 at 12:47 pm to HailHailtoMichigan!
quote:
You aren’t a victim of any injustice here. George Floyd was.
Meanwhile people on this board pledge to fight to the death so Trump can spew his tweets.
YOU won't tell me or my community how to feel about this, much less someone like my grandmother who experienced racism and is having to relive it again in 2020.
Posted on 5/29/20 at 12:47 pm to Crimsonians
Have they released the official cause of death?
Posted on 5/29/20 at 12:48 pm to BuckyCheese
quote:
Two of them were holding him down while Chauvin choked him out.
Here is the relevant portion of MN 2nd degree manslaughter statute:
quote:
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
This is assume where you could make an angle for the other three guys to be charged, or at least the other two holding him down. But the last portion re: "consciously" taking the change of causing harm will be tough to prove.
ETA: I assume Chauvin would be charged with murder in the third degree, or perhaps under first degree manslaughter.
This post was edited on 5/29/20 at 12:52 pm
Posted on 5/29/20 at 12:49 pm to Crimsonians
quote:Then the court of law has failed us. Those other officers were complicit in his death.
Not rational in a court of law.
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