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I don't see how Floyd officer can be charged with anything OTHER than Murder

Posted on 5/27/20 at 9:50 am
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 5/27/20 at 9:50 am
Everyone on here knows two things about me in these cases.

1. I'm OVER fricking defending the police in general terms

2. I'm loathe to jump to overcharging where rank incompetence is involved.

But, this case just seems like straight up murder. Hell, they'd ALREADY called an ambulance because he "seemed in medical distress" BEFORE the knee to the neck. Then, the guy is saying he can't breath. And literally no one fricking involved so much as really even checked.

That's the point where it converts from "fire them and charge them with something" to "straight up murder" in my mind.

There came a point where the officer was literally able to make a choice while under no duress and under no threat...…...and he chose to continue.

I want that dude in jail for as long as humanly possible and, were I on the jury, I'd hope he got life without possibility of parole.
Posted by DByrd2
Fredericksburg, VA
Member since Jun 2008
8962 posts
Posted on 5/27/20 at 9:55 am to
I think intent would have to be proven for that, wouldn’t it?

Maybe a manslaughter charge vs murder debate, but I will say I am entirely unfamiliar with their state laws.

Not sure I agree with life w/o parole, but definitely he needs to be locked up.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 5/27/20 at 9:56 am to
quote:

I think intent would have to be proven for that, wouldn’t it?


Second degree murder is generally defined as intentional murder that lacks premeditation, is intended to only cause bodily harm, and demonstrates an extreme indifference to human life. The exact legal definition of this crime will vary by jurisdiction.
Posted by JesusQuintana
St Louis
Member since Oct 2013
33366 posts
Posted on 5/27/20 at 9:56 am to
He’ll walk with a pension
Posted by RonLaFlamme
Baton Rouge
Member since Nov 2016
1677 posts
Posted on 5/27/20 at 9:57 am to
seems to fit the definition of negligent homicide
Posted by Choupique19
The cheap seats
Member since Sep 2005
61758 posts
Posted on 5/27/20 at 9:58 am to
quote:

Then, the guy is saying he can't breath.


Am I supposed to assume that no suspect resisting arrest has ever said this statement unless it was 100% truthful?
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 5/27/20 at 9:58 am to
quote:

seems to fit the definition of negligent homicide
Second degree murder is generally defined as intentional murder that lacks premeditation, is intended to only cause bodily harm, and demonstrates an extreme indifference to human life. The exact legal definition of this crime will vary by jurisdiction.

Negligent homicide is a criminal charge brought against a person who, through criminal negligence, allows another person to die.

Police officer didn't allow...…...he caused
Posted by MrLarson
Member since Oct 2014
34984 posts
Posted on 5/27/20 at 9:59 am to
quote:

Not sure I agree with
quote:

life w/o parole
, but definitely he needs to be locked up.


Then put him in general population for 20 years without a chance at protective custody.

He killed that man and showed zero fricks while doing it.
Posted by Covingtontiger77
Member since Dec 2015
10188 posts
Posted on 5/27/20 at 9:59 am to
Usually I “Back the Blue” and give them a large birth of leeway in handling people on the street.


In this case, NOPE.

The cop with the knee on his neck killed that man. He was subdued and in cuffs. Could have just sat him up on the ground or got him into a squad car.

The other officers didn’t do anything like going up to the knee cop and telling him to ease up.


Cop with knee - murder or very least negligent homicide

Other cos that did nothing - fire them. Don’t know why they can be charged with. Malfeasance in office?


Posted by Walt OReilly
Poplarville, MS
Member since Oct 2005
124258 posts
Posted on 5/27/20 at 9:59 am to
Have you seen the body cam video?
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 5/27/20 at 9:59 am to
quote:

Am I supposed to assume that no suspect resisting arrest has ever said this statement unless it was 100% truthful?
Not at all

But, you probably SHOULD assume that if the suspect is already cuffed and surrounded by police officers that he is under control and that they have a duty to AT LEAST frickING CHECK
Posted by idlewatcher
County Jail
Member since Jan 2012
78912 posts
Posted on 5/27/20 at 9:59 am to
I think he reels in a manslaughter charge.

Not sure if it has already been discussed, but what precipitated the knee to the neck thing? Was he trying to get away or something? On drugs?
Posted by mgdtiger
Member since May 2006
2838 posts
Posted on 5/27/20 at 9:59 am to
He will and should be charged with something. Manslaughter to murder I don’t know. Sad thing is I think the guy filming and segueing with the cops about how they were hurting him made it worse. The cops egos at that point wouldn’t allow them to back down. With training they should know what he was doing with his knee on neck and the prolonged effects.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 5/27/20 at 10:00 am to
quote:

Other cos that did nothing - fire them. Don’t know why they can be charged with. Malfeasance in office?


Yeah. I don't know what they can be charged with.

That said. If 4 black dudes got in a fight with a single white dude...……..and it ended with one of the black dudes suffocating the white dude to death...……..I know what would happen to the other 3...…….
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67482 posts
Posted on 5/27/20 at 10:01 am to
quote:

I don't see how Floyd officer can be charged with anything OTHER than Murder

Manslaughter, not murder
Posted by The Maj
Member since Sep 2016
27045 posts
Posted on 5/27/20 at 10:01 am to
quote:

Second degree murder


I don't believe you will see him prosecuted on a murder charge, but he will be charged and prosecuted, more than likely manslaughter...

What I want to know is what the other officers involved get as well...
Posted by Tiger Prawn
Member since Dec 2016
21855 posts
Posted on 5/27/20 at 10:01 am to
For a murder charge to stick, they'd have to prove the cop acted with intent to kill or cause serious bodily harm. Which is going to be extremely hard to prove beyond a reasonable doubt.

The more likely charge would be manslaughter. Negligence is going to be much easier for the prosecution to prove than intent.
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 5/27/20 at 10:02 am to
quote:

Not sure if it has already been discussed, but what precipitated the knee to the neck thing? Was he trying to get away or something? On drugs?

Franky, even though they claim he didn't resist, I suspect he resisted his arse off.

But, the knee occurs once he is COMPLETELY subdued and in cuffs. He was literally no threat whatsoever.

Posted by notsince98
KC, MO
Member since Oct 2012
17954 posts
Posted on 5/27/20 at 10:03 am to
has it been proven the cause of death was suffocation? I'm guessing that cop has done the same thing to many people many times (right or wrong) without killing anyone.

I'm waiting for an official cause of death before jumping to conclusions about the cop and murder.
Posted by idlewatcher
County Jail
Member since Jan 2012
78912 posts
Posted on 5/27/20 at 10:04 am to
quote:

But, the knee occurs once he is COMPLETELY subdued and in cuffs. He was literally no threat whatsoever.


I agree. Was a very poor decision on his part.

He kind of looked smug too in the camera
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