All four former officers involved in George Floyd's killing now face charges, Sen. Klobuchar says

2019 Minnesota Statutes

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


609.19 MURDER IN THE SECOND DEGREE.
§
Subdivision 1.Intentional murder; drive-by shootings.

Whoever does either of the following is guilty of murder in the second degree and may be sentenced to imprisonment for not more than 40 years:

(1) causes the death of a human being with intent to effect the death of that person or another, but without premeditation; or

(2) causes the death of a human being while committing or attempting to commit a drive-by shooting in violation of section 609.66, subdivision 1e, under circumstances other than those described in section 609.185, paragraph (a), clause (3).
§
Subd. 2.Unintentional murders.

Whoever does either of the following is guilty of unintentional murder in the second degree and may be sentenced to imprisonment for not more than 40 years:

(1) causes the death of a human being, without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting; or

(2) causes the death of a human being without intent to effect the death of any person, while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the perpetrator is restrained under an order for protection and the victim is a person designated to receive protection under the order. As used in this clause, "order for protection" includes an order for protection issued under chapter 518B; a harassment restraining order issued under section 609.748; a court order setting conditions of pretrial release or conditions of a criminal sentence or juvenile court disposition; a restraining order issued in a marriage dissolution action; and any order issued by a court of another state or of the United States that is similar to any of these orders.

Josie said:

I am very curious about the relationship between Floyd and the officer. They knew each other - they worked together. I wonder if there's something else there that we'll learn later....

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According to the club owner, they did not know each other......while they both worked there, she said she doubted they recognized each other etc.

Josie said:

I am very curious about the relationship between Floyd and the officer. They knew each other - they worked together. I wonder if there's something else there that we'll learn later....

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Working at the same place is not the same thing as working together, and it's certainly not the same thing as knowing each other. They may have known each other, but I've worked at places where I barely knew many (most, even) of the people who also worked there. It's not a given.

But I'm curious also.

Grizzly Adams said:

My initial reaction to the increased charge is that they didn't believe they could prove intent the day they charged him with third degree murder, and the only reason they added second degree murder was so they could charge the other three with something. They couldn't charge aiding and abetting third degree murder because you can't intentionally aid the commission of a crime that the offender didn't intend to commit.

The charge itself is almost impossible to prove with this set of circumstances. Second degree murder is non-premeditated but intentional. In order to convict on that ground, the prosecution will have to prove that the four decided to murder Floyd in the heat of the moment, but without making any communications with each other to do so. (I am assuming if there was audio of the officers conspiring to kill Floyd while he was restrained we would have heard about it by now.) See the text of the statute:

So the allegation is that the group of three officers intentionally aided Chauvin in the spontaneous killing of Floyd without making any indication that they were doing so, and without Chauvin signaling that his intent was to kill Floyd?

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That’s why they should have stuck with third degree murder. The Minnesota Statute for it doesn’t require intent or premeditation. It only requires depraved indifference and the video alone makes that case. There’s no evidence at all to support second degree murder - which requires intent. And they’ve already set that charge up for failure by using the same evidence to reach different conclusions.

longview said:

What we do not know is if Minnesota is one of the states where
the charges have the fit the crime exactly, I.E. no lessor charges can be considered. This would appear to be the case because the first
charges were 3rd degree Murder and Manslaughter.
Had a lessor charge been available to the jury then just 3rd degree murder would suffice, and the Jury could convict on the lessor charge.
Here is the 2nd degree murder qualifications.
Minnesota Second-Degree Murder


For 2nd degree murder the state will have to prove that Derek Chauvin intended to kill George Floyd,
He did kill him, but how do you prove that was his intent?
As to the other elements.
It was not a drive-by shooting
No other felony was involved, or at least is not charged.
And George Floyd did not have an order of protection against Derek Chauvin.
I think it is a large risk, to look good for the press! They should go with the sure thing!

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He perfectly fits 2nd degree even though I think he did it on purpose but its impossible to prove he had murder in his mind.

Causing someone’s death without intending the death of anyone, while committing a felony other than criminal sexual conduct

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sjmay said:

According to the club owner, they did not know each other......while they both worked there, she said she doubted they recognized each other etc.

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There are lots of things the club owner didn't know. This might be one.

dirtpoorchris said:

He perfectly fits 2nd degree even though I think he did it on purpose but its impossible to prove he had murder in his mind.

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I wouldn't say it's impossible. The defense will have to argue what is contrary to what we all saw for 9 minutes, among bystanders pleading with the cops to help him, after he begged for breath. Looks pretty deliberate to me. I think 2nd degree is the right choice by prosecutors. How they perform will be seen.

Napoleon said:

That’s why they should have stuck with third degree murder. The Minnesota Statute for it doesn’t require intent or premeditation. It only requires depraved indifference and the video alone makes that case. There’s no evidence at all to support second degree murder - which requires intent. And they’ve already set that charge up for failure by using the same evidence to reach different conclusions.

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Depends whether failure to act can be shown as intent.

dirtpoorchris said:

He perfectly fits 2nd degree even though I think he did it on purpose but its impossible to prove he had murder in his mind.

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I also think intent is a difficult hurdle.

dixon01767 said:

Is rioting, arson and looting in the streets now considered "political pressure" in the US?

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It helped end the Vietnam war

dirtpoorchris said:

He perfectly fits 2nd degree even though I think he did it on purpose but its impossible to prove he had murder in his mind.

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What is the other felony?

Michael Cole said:

Depends whether failure to act can be shown as intent.

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I would say no, but this is now a country where not doing something is now classed as "economic activity" and is subject to regulation so... sky's the limit!

longview said:

But the risk of a mot guilty verdict is greater, and that would be very bad.

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I don't disagree but still think they are doing it to appease the rioting masses and not the press.

dirtpoorchris said:

He perfectly fits 2nd degree even though I think he did it on purpose but its impossible to prove he had murder in his mind.

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I cant imagine four officers with cell phone cameras watching intended to kill the guy. Maybe had it been captured by a security camera they were unaware of I might believe it could of been intended but not in broad daylight with a crowd gathering.

poweRob said:

Elevated charge against Chauvin to 2nd degree murder and brought charges on the others. This is the right move.

George Floyd: All four former officers involved in his killing now face charges, Sen. Klobuchar says - CNN

(CNN)Minnesota Attorney General Keith Ellison is increasing charges against former Minneapolis police officer Derek Chauvin to second-degree murder in George Floyd's killing and also charging the other three officers involved in the incident, according to a tweet from US Sen. Amy Klobuchar.

Ellison's official announcement is expected to come Wednesday afternoon, more than a week after Floyd was killed while in police custody in Minneapolis, sparking nationwide protests that call for the end to police violence against black citizens.​

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I really feel this is a dog and pony show..

They cannot successfully prosecute an officer for shooting an unarmed person in the back from 20 paces away...

How are they ever gonna be able to prosecute one when reasonable doubt is so apparent...


For sure all should be fired and the family paid handsomely, but prove the officer intentionally killed him.....no one can..

In the best of cases, BY LAW, the officer can only be judged on the instant he fires, and he can fire any tome he feels threatened...

Prove he did not feel threatened????


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Re: AG Keith Ellison to elevate charges against officer who knelt on Floyd's neck....

Jack Fabulous said:

I can't imagine a scenario where the defense could credibly claim that Chauvin wasn't fully aware that Floyd would eventually die from the hold being applied to him.

2nd degree murder seems like a slam dunk.

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One would think, Jack. But then you look at all the others that have should have been charged and you can only shake your head. This is a defining moment, IMO. These officers need more than a slap on the wrist because the citizens of America have had enough.

sjmay said:

I don't think it's a defense, I think it's reasonable being that WANT a conviction, not being certain you can get one if you have to prove intent.

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Oh lawd, not this roomba with half a conscience again.

Ja sam Baba Yaga [emoji328]

poweRob said:

Elevated charge against Chauvin to 2nd degree murder and brought charges on the others. This is the right move.

George Floyd: All four former officers involved in his killing now face charges, Sen. Klobuchar says - CNN

(CNN)Minnesota Attorney General Keith Ellison is increasing charges against former Minneapolis police officer Derek Chauvin to second-degree murder in George Floyd's killing and also charging the other three officers involved in the incident, according to a tweet from US Sen. Amy Klobuchar.

Ellison's official announcement is expected to come Wednesday afternoon, more than a week after Floyd was killed while in police custody in Minneapolis, sparking nationwide protests that call for the end to police violence against black citizens.​

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This doesn't come as a surprise. We all assumed this would happen as soon as the prosecutor in Minneapolis got his s*** together. I just hope he does the same with the lawbreakers on the other side. The system can work but it isn't always overnight.

ArtemisBarca said:

I really feel this is a dog and pony show..

They cannot successfully prosecute an officer for shooting an unarmed person in the back from 20 paces away...

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They did get the black Minneapolis cop who shot that white lady in her nightgown from about 2 or 3 foot away, center mass into her chest. That happened in July and it took until March the following year to figure out he intended to kill her.

Integrityrespec said:

This doesn't come as a surprise. We all assumed this would happen as soon as the prosecutor in Minneapolis got his s*** together.

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It was Keith Ellison the state attorney general who overruled the Minneapolis prosecutor who wouldn't charge the others.

Re: AG Keith Ellison to elevate charges against officer who knelt on Floyd's neck....

Pound4abrown said:

Probably upped to 2nd degree since the kneeling cop was on his neck nearly 3mins after they couldn't find a pulse.
Wonder, though, where will they hold this trial? Can't imagine a place they could get a "fair" trial.

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The fact that one officer checked and said he can't find a pulse, yet he continued with the knee to the neck with no pause at all. And one more thing. I don't think he can claim he was restraining Floyd. Look closely, he has his left hand in his pocket most of the time. I can't think of any time I was in a "struggle", yet kept one hand in a pocket.

Re: AG Keith Ellison to elevate charges against officer who knelt on Floyd's neck....

trblmkr said:

The fact that one officer checked and said he can't find a pulse, yet he continued with the knee to the neck with no pause at all. And one more thing. I don't think he can claim he was restraining Floyd. Look closely, he has his left hand in his pocket most of the time. I can't think of any time I was in a "struggle", yet kept one hand in a pocket.

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He had a black glove with his hand on his dark colored pants, never in his pocket.

Hatuey said:

Oh lawd, not this roomba with half a conscience again.

Ja sam Baba Yaga [emoji328]

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No worries, ignore me, you got everyone else saying the same ****ing thing, guess they got half a conscience too? Or is it that maybe you are the one that's view is a bit ****ed.

dixon01767 said:

It was Keith Ellison the state attorney general who overruled the Minneapolis prosecutor who wouldn't charge the others.

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I haven't read anywhere that the Minnneapolis DA wouldn't charge the other 3, got a link on that?

dixon01767 said:

They did get the black Minneapolis cop who shot that white lady in her nightgown from about 2 or 3 foot away, center mass into her chest. That happened in July and it took until March the following year to figure out he intended to kill her.

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Wow. That long? That was a sad deal.