State versus Chauvin ex Wiki
State of Minnesota v. Derek Michael Chauvin is the criminal
case against American former police officer
Derek Chauvin, who is accused of unlawfully
killing George Floyd. Chauvin is charged with
second-degree murder,
third-degree murder, and second-degree
manslaughter, which carry penalties of up to 40 years of imprisonment.[3][4]
The trial is the first to result from Floyd's death. It began on March 8, 2021, at the Hennepin County Government Center in Minneapolis, Minnesota.[5] It is the first criminal trial in Minnesota that is entirely televised and the first in state court to be broadcast live.[5][6]
Background
Killing of George Floyd
Derek Chauvin was one of four officers involved in the arrest of George Floyd on May 25, 2020, on suspicion of using a counterfeit $20 bill at a market and was the field training officer for one of the other officers involved.[7] While Floyd was handcuffed and lying face down on the street, Chauvin knelt on Floyd's neck for nine minutes and 29 seconds.[8] For part of the time, two other officers knelt on Floyd's back.[9] During the final two[10] minutes Floyd was motionless and had no pulse.[11] Several bystanders took videos which were widely circulated and broadcast.[12] Two autopsies found Floyd's death to be a homicide.[13] Floyd also had Fentanyl intoxication and hypertensive and arteriosclerotic heart disease at the time of his death..........
Chauvin was arrested on May 29, 2020,[15] and initially charged with third-degree murder and second-degree manslaughter,[16][17] making him the first White American police officer in Minnesota to be charged in the death of an African American civilian.[18][19] On June 3, charges were amended to include second-degree murder, specifically unintentional second-degree murder while attempting to commit felony assault.[20][21][22] Chauvin was released on conditional bail on October 7, 2020 after posting a bond of $1 million.[23][24] Court documentation provided that his release is supervised and will be forfeited if he declines to appear before a magistrate, refuses to appear in court on scheduled dates, leaves the state of Minnesota without court approval, or has contact with Floyd's family.[25]
Pre-trial proceedings
On August 29, 2020, Chauvin's attorneys filed a motion to dismiss the case, claiming that Floyd most likely died as a result of drug use and preexisting medical conditions. On the same day, prosecutors moved to increase potential sentences for the four officers beyond the guidelines for all four accused, arguing that Floyd was vulnerable while being held down on the ground in handcuffs and was treated cruelly.[26][27][28]
On November 12, 2020, Judge Cahill initially ruled that Chauvin and the other three officers would be tried together.[29][30] On January 11, 2021, Cahill reversed this ruling such that this case only involves the trial of Chauvin, separate from the other officers.[31]
On October 22, 2020, Cahill dismissed the third-degree murder charge, but not the second-degree unintentional murder and second-degree manslaughter charges.[32][33] On March 11, 2021, on appeal, Cahill reinstated the third-degree murder charge against Chauvin.[34][3] The decision came after the Minnesota Supreme Court on March 10 denied the defense's petition for review of a Court of Appeals decision requiring Cahill to reconsider reinstating the charge.[3][35]
On March 19, 2021, after considering that drugs discovered in the SUV where Floyd was detained were confirmed to contain his DNA, Cahill allowed the defense to present limited evidence from Floyd's May 2019 arrest, when he also resisted officers and swallowed drugs, leading to dangerously high blood pressure, disallowed a forensic psychiatrist the prosecution wanted to testify that Floyd was acting like a normal scared person during the arrests, and dismissed a motion to postpone the trial in light of the civil settlement's publicity.[36]
Trial
Judge and attorneys
Hennepin County Judge Peter Cahill is presiding over the case.[1] Cahill has been a judge since 2007 and previously worked as a public defender and prosecutor.[1]
On May 31, 2020, Governor Tim Walz announced that Attorney General Keith Ellison would lead the prosecution instead of County Attorney Michael O. Freeman.[1] Freeman was the subject of protests and was later disqualified from working on the case.[37][38] The prosecution team also includes Matthew Frank, Jerry Blackwell, and Steven Schleicher.[1][2] Chauvin is represented by defense attorney Eric Nelson.[1]
Jury
On December 22, 2020, prospective jurors in Hennepin County were mailed a
questionnaire asking about their views on the criminal justice system, the
police, and social movements.[5][39]
The questionnaire also asked prospective jurors to disclose how many times
they viewed videos of Floyd's death and whether they participated in the
George Floyd protests.[5][39]
On March 8, 2021, jury selection was delayed until at least March 9, pending consideration of the third-degree murder charge against Chauvin.[40] Jury selection began on March 9, with the third-degree murder issue still unresolved by the Court of Appeals.[41] During jury selection, prospective jurors were questioned about their views on Black Lives Matter, Blue Lives Matter, and defunding the police.[42][43] Jurors were also questioned about Minneapolis' $27 million settlement with Floyd's family, with two seated jurors excused after news of the settlement changed their ability to be impartial.[42] Some potential jurors expressed fear of retribution if they were to return an unpopular verdict.[44][45] Twelve jurors and three alternates were seated as of March 23, with six white, four black, and two multi-racial jurors selected.[42][3] On the third day of trial, a juror had a "stress-related reaction" but declined medical attention.[46]
Opening statements
Opening statements from the prosecution and the defense were heard on March 29, 2021.[40] Prosecutor Jerry Blackwell started opening statements saying that "Mr. Chauvin betrayed his badge" while defense attorney Eric Nelson said that "Chauvin did exactly what he had been trained to do."[47]
Prosecution case
Prosecution witnesses and testimonies
About 400 people are included on a list of prospective trial witnesses.[48] The prosecution's witnesses include Floyd's brother and bystanders to Floyd's killing.[48]
The following witnesses have testified in the trial:
- Jena Scurry, a 911 dispatcher who received the call about Floyd using a counterfeit bill; she viewed Floyd's arrest via live video, and was concerned about the manner of his arrest, leading her to call a police sergeant about the arrest[49]
- Alisha Oyler, a bystander who filmed Floyd's death[50]
- Donald Williams II, who witnessed Floyd's death and called the police on Chauvin,[51] Williams also has experience as a professional MMA fighter and was able to testify in this capacity.[52]
- Williams, testified that Chauvin's kneeling on Floyd's neck was applying a "blood choke[53]" on Floyd. In Williams' opinion, Chauvin was "shimmying to actually get the final choke in" on Floyd. The arrest procedure was "torture", stated Williams.[54] Williams testified that he called 911 to report Floyd's killing because he believed he had "witnessed a murder".[55]
- Four underage witnesses who witnessed Floyd's death and testified off camera[56]
- One of the underage witnesses took the widely circulated video of Floyd's killing and said that Floyd was "terrified, scared, begging for his life," and saying "I can't breathe", while Chauvin "just stared at us" with "this cold look."[57]
- Genevieve Hansen, an off-duty emergency medical technician (EMT)-certified firefighter, who witnessed Floyd's condition and wanted to treat him but was not allowed[58][59]
- Hansen said that she saw that Floyd "had an altered state of consciousness," because he was not responding to the "painful stimuli" of Chauvin's knee on his neck. She wanted to check Floyd for consciousness, start chest compressions, as well as render other medical attention, but was denied access to Floyd by the police.[60]
- Christopher Martin, an employee at Cup Foods who received the counterfeit bill from Floyd[61]
- Martin said "it would appear that [Floyd] was high" but that he was able to talk and communicate.[62]
- Charles McMillian, a bystander who had a conversation with Floyd when Floyd was in the police car[63]
- Lt. Jeff Rugel of the Minneapolis Police Department (MPD) who was familiar with police body camera footage[64]
- Courteney Ross, Floyd's girlfriend, whom he called "Mama"[65]
- Ross testified that Floyd had struggled with an opioid addiction having initially used the drugs to treat back pain. She also said that he had once been hospitalized for an overdose, and was in the car with a supplier at the time of his arrest. She said Floyd called her "Mama", the same name he called when on the ground.[66] She cried while giving details on her relationship with Floyd and the first time they met.[67]
- Seth Bravinder, a Hennepin County paramedic responding to Floyd's death[68]
- Derek Smith, also a Hennepin County paramedic responding to Floyd's death[68]
- Both paramedics, Bravinder and Smith, stated that when they arrived at the scene, they did not see signs of breathing or movement by Floyd; Smith thus believed Floyd was already dead.[68] The paramedics also stated that once they had been allowed access to Floyd, they checked for a heartbeat and detected none; efforts to resuscitate Floyd failed.[68]
- Ret. Sgt. David Pleoger, a police supervisor. Scurry called him to report her concern about the arrest. Pleoger arrived at the scene after Floyd was taken away in an ambulance.[69]
- Pleoger testified that the arresting officers "could have ended their restraint" of Floyd once he stopped resisting them while handcuffed on the ground.[69]
- Sgt. Jon Edwards, who was sent to Cup Foods after the arrest to secure the crime scene.
- Lt. Richard Zimmerman, an MPD homicide investigator[70]
- Zimmerman testified that Chauvin's kneeling on Floyd's neck for an extended period of time was "totally unnecessary" and that such a move "can kill". Zimmerman further testified that once suspects are handcuffed, "the threat level goes down all the way", and the police "need to get them out of the prone position as soon as possible because it restricts their breathing".[70]
- Dr. Bradford Langenfeld, the Emergency Medicine resident physician at Hennepin County Medical Center who pronounced Floyd dead.
- Langenfeld testified that for any person whose heart had stopped (like Floyd), the chance of survival decreases by 10%-15% every minute that cardiopulmonary resuscitation (CPR) is not attempted.[71]
- Arradondo testified that Chauvin violated department policy, training and ethics by continuing to restrain Floyd in that manner at various stages: when Floyd had ceased resisting, was "no longer responsive", and was "motionless". Alongside citing the "sanctity of life" and the "duty of care", Arradondo added that Chauvin had violated department policy by not deescalating the situation when possible, and by not providing immediate medical attention to Floyd.[72][73]
- Inspector Katie Blackwell, who was the commander of the MPD's training division at the time of Floyd's death[72]
- Blackwell testified that MPD policy was to train officers to use their arms to carry out a neck restraint on a suspect, instead of using an officer's knee like Chauvin did. She also testified that during the entirety of Chauvin's tenure with the department, MPD officers "were taught about positional asphyxia", and hence instructed to move suspects onto their sides "as soon as possible" once they are "under control."[74]
- Lieutenant Johnny Mercil, state’s expert on MPD use-of-force policy and training
- Officer Nicole Mackenzie, medical support coordinator, state’s MPD expert on medical issues.[citation needed]
- Sergeant Jody Stiger of the Los Angeles Police Department, a national expert on use-of-force by police[75]
- Stiger testified that the video showed Chauvin not changing the force he applied to Floyd's neck area during the restraint.[76] According to Stiger, "no force was reasonable in that position" where Floyd was prone and handcuffed.[75] In that position, Floyd was "not attempting to resist, not attempting to assault officers, kick, punch", opined Stiger.[75] The pressure exerted by Chauvin's body weight in that position may "cause positional asphyxia and could cause death", said Stiger.[75][77] Stiger testified that Chauvin executed a pain compliance technique on Floyd's wrist and knuckles, even though Floyd was prone, not resisting, and apparently unable to comply; this technique was applied for an excessive period of time.[75][77] Although Stiger said that a name-calling crowd could be viewed as "a potential threat", Stiger also testified that for the bystanders to Floyd's arrest: "I did not perceive them as being a threat", as most of their verbal remarks were due to "concern" for Floyd.[76] While Stiger agreed with defense attorney Nelson's assertion that police were trained to place a knee between the shoulder blades of suspects,[78] Stiger disagreed with Nelson's assertion that Chauvin had placed his knee "on" Floyd's shoulder blades, rather than "above" them.[75]
- Minnesota Bureau of Criminal Apprehension (BCA) special agent Reyerson, the BCA case lead on the Floyd case.[citation needed]
- BCA forensic agent Mackenzie Anderson, who processed the crime scene and vehicles including the Floyd DNA of the blood and recovered drugs.[citation needed]
- BCA forensic scientist Breahna Giles, who did chemical analysis of the recovered drugs finding fentanyl.[citation needed]
- Susan Mieth, a private industry chemist who did chemical analysis of the recovered drugs finding fentanyl and methamphetamine.[citation needed]
- Dr. Martin J. Tobin, pulmonologist, critical care specialist, physiologist, and recognized expert in respiratory failure who said lack of oxygen to the brain and heart led to Floyd's death[79]
- Tobin testified that Floyd died of low levels of oxygen caused by asphyxiation that resulted in brain damage and cardiac arrest, and that he did not die of a fentanyl overdose.[79]
- Morries Hall, currently in jail, appeared via Zoom[citation needed]
- Dr. Lindsey Thomas, forensic pathologist[80]
- Thomas testified that there was "no evidence" that indicated that Floyd "would have died that night except for the interactions with law enforcement". Thomas said that the many videos of Floyd's arrest did not show signs of a death from a fentanyl overdose, as those deaths typically feature a person becoming "very sleepy" and then "peacefully stops breathing"; the videos also did not show Floyd experiencing a sudden death, as from a heart attack.[81]
- Dr. Andrew Baker, Hennepin County medical examiner, he performed the official autopsy on Floyd's body[81]
- Baker testified that he stood by his autopsy finding that Floyd's death was a homicide caused by "cardiopulmonary arrest complicating law enforcement subdual, restraint and neck compression."[81] He said Floyd's heart disease, fentanyl intoxication and methamphetamine use were contributing causes but not direct causes because they "did not cause the subdual or the neck restraint". He said he did not believe the neck compression he saw in the videos (which left no signs of injury) could have restricted air or blood flow to Floyd's brain, but that it contributed to physiological stress, increased adrenaline, and elevated blood pressure. [82][83]
Body camera and surveillance footage
External video
Raw police bodycam footage beginning
approximately 8:09 p.m. on
YouTube (1 hr 5 mins)Body camera footage from the four officers involved was entered into evidence and shown at trial.[84] Chauvin's body camera footage showed him saying that "we had to control this guy because he's a sizable guy. It looks like he's probably on something."[85] Prosecutors also showed surveillance footage of Floyd at Cup Foods shortly before his death.[84]
Defense case
Witnesses for the defense
The defense's witnesses are scheduled to include Minnesota Bureau of Criminal Apprehension (BCA) agents, police officers, and expert witnesses from the medical community.
Protests and demonstrations
In early 2021, Minneapolis and Hennepin County officials spent $1 million on fencing and barricades for police stations and government buildings to prepare for potential civil unrest during the trial.[86] In February 2021, Governor Walz deployed the Minnesota National Guard/a> for trial security and in the event of civil unrest, in response to requests from Minneapolis Mayor Jacob Frey and Saint Paul Mayor Melvin Carter.[87]
Protests, rallies, and marches have occurred outside of the courthouse,[88] which officials surrounded with a temporary concrete barrier, metal fencing, and barbed wire in anticipation of civil unrest.[89] On March 7, 2021, one day ahead of jury selection, several hundred protesters marched in downtown Minneapolis and rallied outside the courthouse to mourn Floyd's death and to call for police reform.[90] On March 8, about a thousand protesters gathered peacefully outside the courthouse to call for justice for Floyd and raise broader issues of racial injustice.[89]
On March 28, 2021, one day ahead of opening statements, several rallies and protests were held in Minneapolis, including a march in downtown Minneapolis to demand justice for Floyd and rallies at the courthouse and City Hall.[91] Floyd's family and Al Sharpton hosted a vigil at the Greater Friendship Missionary Baptist Church in Minneapolis.[91] During the trial, daily visitors from across the United States visited George Floyd Square.[92] On April 6, Floyd's family held a prayer and press conference outside the courthouse with Sharpton, family attorney Benjamin Crump, and former New York Governor David Paterson.[93]
Government officials
On March 29, 2021, White House Press Secretary Jen Psaki said that U.S. President Joe Biden will "be watching [the trial] closely", adding that Biden would not weigh in while the trial was ongoing and was not in touch with Floyd's family ahead of the trial.[94] U.S. Representative Cori Bush tweeted on March 29 that "Derek Chauvin is on trial" and "George Floyd is not on trial,"[95] adding on March 30 that Chauvin's defense attorney is "arguing that George Floyd does not deserve justice."[96]
Derek Chauvin ex Wiki
Derek Michael Chauvin (born March 19, 1976) is an American former
police officer who has been charged with murder in the
killing of George Floyd in
Minneapolis,
Minnesota, on May 25, 2020.
During an arrest made by Chauvin and three other officers, he knelt on Floyd's neck for a significant period while Floyd was handcuffed, lying face down on the street calling out "I can't breathe".[1] The next day, Chauvin was fired by the Minneapolis Police Department. He is charged with second-degree murder and lesser included offenses.[2][3][4][5] The incident set off a series of protests in the Twin Cities and across the rest of the United States, later spreading around the world. Chauvin was released on bail on October 7, 2020.[6][7] His murder trial began on March 8, 2021.[8] ....................
Career
Chauvin joined the
Minneapolis Police Department in 2001.[13][17]
He received a medal for valor in 2006 for being one of several officers who
fired on a suspect who pointed a shotgun at them, and another in 2008 for a
domestic-violence incident in which he broke down a door and shot a suspect
who reached for his pistol.[18][19]
He received a commendation medal in 2008 after he and his partner tackled a
fleeing suspect holding a pistol. He received a commendation medal in 2009
after working off-duty as a security guard for a nightclub.[16]
Misconduct
complaints
Chauvin had 18 complaints on his official record, two of which ended in
discipline, including official letters of reprimand.[20]
He had been involved in three police shootings, one of which was fatal.[17][21][22][23]
According to the former owner of El Nuevo Rodeo, a Latin nightclub, Chauvin
had worked there off duty as security while
George Floyd was also working as security, but was not certain whether
they knew each other.[24][25]
The owner has been critical of Chauvin since his arrest, describing
Chauvin's tactics as "overkill" and saying "Chauvin was unnecessarily
aggressive on nights when the club had a black clientele, quelling fights by
dousing the crowd with
pepper spray and calling in several police squad cars as backup".[16]
The owner also said Chauvin responded to fights by spraying the crowd with
mace instead of dealing with those who were fighting.[26]
Murder case
Killing of George Floyd
Chauvin was arrested on May 29, 2020.[41] Hennepin County Attorney Mike Freeman charged him with third-degree murder and the lesser included offense of second-degree manslaughter,[9][42] making him the first white police officer in Minnesota to be charged in the death of a black civilian.[43][44] Under Minnesota law, third-degree murder is defined as causing another's death without intent to kill, but "evincing a depraved mind, without regard for human life". Second-degree manslaughter also does not imply lethal intent, but that the perpetrator created "an unreasonable risk" of serious harm or death.[45]
On May 31, Minnesota Attorney General Keith Ellison took over the case at the request of Governor Tim Walz. On June 3, Ellison amended the charges against Chauvin to include unintentional second-degree murder under the felony murder doctrine, alleging that Chauvin killed Floyd in the course of committing assault in the third degree;[46][47] Minnesota sentencing guidelines recommend 12.5 years imprisonment on conviction of that charge.[48] Bail for Chauvin was set at $1.25 million.[49] Prior to Chauvin's arrest, his attorney and prosecutors had made unsuccessful attempts to negotiate a plea bargain to cover both state and federal charges.[50] Additionally, Ellison also charged the three other officers with aiding and abetting second-degree murder[5][51][48] with bail set to $1 million.[52]
Eight correctional officers at the Ramsey County Jail filed a discrimination complaint against supervisors at the jail with the Minnesota Department of Human Rights, alleging that during Chauvin's brief stay before his transfer to a state prison, non-white guards were not allowed to work on the fifth floor where Chauvin was being held. Their complaint also alleged that a guard saw a white lieutenant sit on Chauvin's bed and that she permitted Chauvin to use her cellphone. Responding to the complaint, the Minnesota Department of Human Rights said it was opening an investigation to determine whether discrimination took place.[53]
Bail
Chauvin was released on conditional bail on October 7, 2020, after posting a bond of $1 million.[54][55] Court documentation provided that, as conditions for his bail, Chauvin's supervised release from prison will be forfeited if he declines to appear before a magistrate, refuses to appear in court on scheduled dates, leaves the state of Minnesota without court approval, or has contact with Floyd's family.[54][56] On October 22, 2020, Hennepin County Judge Peter Cahill dismissed the third-degree murder charge, but also denied Chauvin's motion to dismiss the other, more serious murder charges.[57][58] On November 5, 2020, Judge Cahill ruled that Chauvin and all three of the others charged would be tried together in Hennepin County.[59][60] However, on January 13, 2021, Judge Cahill reversed his earlier ruling, deciding that Chauvin would be tried separately from the other three officers.[61]
Killing of George Floyd
ex Wiki
On May 25, 2020,
George Floyd, a 46-year-old
black man, was killed in
Minneapolis, Minnesota, United States, while being arrested on suspicion
of using a counterfeit bill. During the arrest
Derek Chauvin, a white police officer with the
Minneapolis Police Department, knelt on Floyd's neck for 9 minutes and
29 seconds[1][2][a]
after he was handcuffed and lying face down.[8][9][10]
Two police officers, J. Alexander Kueng and Thomas Lane, assisted Chauvin in
restraining Floyd, while another officer, Tou Thao, prevented bystanders
from interfering with the arrest and intervening as events unfolded.[11][12]:6:24
Floyd had complained about being unable to breathe prior to being on the ground,[13] but after being restrained he became more distressed, and continued to complain about breathing difficulties, the knee on his neck, and expressed the fear he was about to die.[8] After several minutes passed Floyd stopped speaking.[8] For a further two minutes,[14] he lay motionless and officer Kueng found no pulse when urged to check.[15][16] Despite this, Chauvin refused pleas to lift his knee until medics told him to.[17]:7:30
The following day, after videos made by witnesses and security cameras became public,[18][19][20] all four officers were dismissed. Two autopsies found Floyd's death to be a homicide.[21] Chauvin is charged with second-degree unintentional murder, third-degree murder, and second-degree manslaughter.[22][23][24] Kueng, Lane, and Thao are charged with aiding and abetting second-degree murder.[9][25][16] Chauvin's trial began on March 8, 2021, while the trial of the other three officers is scheduled to begin August 23, 2021.[26] On March 12, Minneapolis agreed to pay $27 million to settle a wrongful death lawsuit brought by Floyd's family.
Floyd's death has since then spawned worldwide protests against police brutality, police racism, and lack of police accountability.[27][28] In early June, the Minneapolis City Council voted an intent to restructure the police department as a "new community-based system of public safety".[29][30] However, the city council's proposal, which became subject to an indefinite review by the Minneapolis City Charter Commission,[31] failed to make the 2020 general ballot.[32] The Minneapolis Police Chief cancelled contract negotiations with the police union and announced plans to bring in outside experts to examine how the union contract can be restructured to provide transparency and "flexibility for true reform".[33]
Andrew Branca – Getting Perspective on Recent Cases Firearms Nation
QUOTE
Andrew Branca is the man behind the Law of Self-Defense. It’s not only a
great book to read and have in your range bag, but it’s also a website with
tons of information that will keep you up to date on case law and opinions
related to people like you who carry a gun.
There have been several recent cases that I wanted to discuss with Andrew: The first was an LAPD cop who was involved in a shooting where the suspect ended up dying. The attorney for the plaintiff suggested the officer was liable since she was a “competitive shooter” and gunslinger. Second, the case of Ahmed Arbury in GA who was killed after being stopped by two citizens who now are facing murder charges. Finally, we talk about the McCloskey’s in St. Louis where the husband and wife defended their home outside with firearms while a mob walked by and threatened them.
Listen and let me know your opinions on Facebook or Instagram (Firearms
Nation).
UNQUOTE
So Mr Branca is the real deal, the Go To man if you fall foul of American
police. His website is
QUOTE
The second-degree murder charge requires prosecutors to prove Chauvin caused Floyd's death while committing or trying to commit a felony — in this case, third-degree assault.
Prosecutors must convince the jury that Chauvin assaulted or attempted to assault Floyd and in doing so inflicted substantial bodily harm. Prosecutors don't have to prove Chauvin was the sole cause of Floyd's death - only that his conduct was a 'substantial causal factor.' If the prosecution can prove Chauvin committed third-degree assault , he can be convicted of Floyd's death.
Prosecutors are fearful that Chauvin will escape conviction for second-degree murder, that carries a maximum 40 year sentence. But because Chauvin does not have any prior convictions, sentencing guidelines recommend he serve no more than 25.5 years in jail.
Second-degree
manslaughter
The manslaughter charge has a lower bar,
requiring proof that Chauvin caused Floyd's death through negligence
that created an unreasonable risk, and consciously took the chance of
causing severe injury or death.
In other words, Chauvin should have been aware that through his actions he was placing Floyd at risk of dying even though it may not have been his intent to kill him, according to prosecutors.
If convicted of second-degree manslaughter in Minnesota, the charge carries a maximum penalty of 10 years in prison. But sentencing guidelines for someone without a criminal record call for no more than four years behind bars.
Third-degree
murder
Third-degree murder would require a lower
standard of proof than second-degree.
To win a conviction, prosecutors would have to show only that Floyd's death was caused by an act that was obviously dangerous, though not necessarily a felony. That would result in a maximum sentence of 25 years.
But there are caveats. Chauvin has no criminal history, which means he will likely end up serving about 12.5 years if he is convicted of second or third-degree murder.
George Floyd Murder Trial Day One [ 30 March 2021 ]
Here is expert commentary from a real lawyer. He says that the Prosecutor was using emotional waffle and lies about the first witness. He was more impressed by the Defence performance.
Derek Chauvin, convenient surrogate for all Whites [ 1 April 2021 ]
QUOTE
Violent small-time hoodlum, stuffed to the gills on his own supply, dies while resisting arrest. Would barely merit a mention in the media all other things being equal. But of course all other things are not equal. Because there’s a War On Whites and Derek Chauvin represents a gift-wrapped surrogate for all traditional blood-and-soil-bound heritage Americans. That he’s been charged at all is a scandal and we can be assured that despite the case against him being pitifully weak he’ll still do time. Among people who look and act like George Floyd.Chauvin has a huge team of high-priced prosecutors (although nominally lead by a worthless AA hack [ Keith Ellison ] who’d be stacking shelves if he were White) marshalled against him while his defence lawyer is a former prosecutor – of traffic offences! Chauvin’s adversaries represent a microcosm of the non-White enemy army, you know, those endlessly complaining about White supremacism, about everything White in fact. African-Americans (i.e. Africans lucky enough to be born in America), Africans, Indians, Pakistanis, Turks, Arabs, Muslims, Hindus – hate-filled Third World bottom feeders who know nothing but corrupt totalitarian tribal/religious rule. Then there’s the homos, lesbians, transgenders and shrieking feminist land whales. And of course Jews, the puppeteers behind the curtain, masterminding the battle strategy from start to finish. The lot of them remind me of carrion feeding on America’s decaying corpse, snarling, yelping, snapping and growling as they feast on a civilisation to which they contributed nothing and owes them nothing.
But the enemy ranks also include a cohort of Whites — let’s call them belly crawling ethnomasochists, weak-minded conformists, recklessly subverting every value and tradition that once made America the envy of the world. Of course many of them are unscrupulous careerists who like Judas of old have pocketed their thirty pieces of silver and now betray on command. But their treachery won’t save them when TSHTF. They’ll be the first to the wall. A fact from which we may derive at least a crumb of comfort.
And TSHTF might come a lot sooner than many think. The USA is avoiding a Third World standard of living only through its ability to print endless trillions of dollars and compel the world to use them. This is enforced by massive military power, as Ghadaffy and Saddam would testify if they were still alive. But that power is rapidly declining and what’s now a trickle will soon become a flood. Internally Whites have lost the race war. You could argue that they lost it in 1965 with the
White Genocide Act(((Immigration Act))) or even earlier in 1913 with the founding of the FRB. The demographic clock ticks relentlessly and as the last Presidential Election proved, voting no longer counts and the courts won’t enforce the law. What’s left? Armed insurrection? Forget about that. Separation? The bottom-feeding parasites will block it by any means necessary. No, America as we knew it will soon be dead as the proverbial dodo. The only difference is that the dodo died out due to ignorance, selfishness and short-sightedness, whereas America will be a victim of… maybe not so much of a difference after all. Apart from the fact that the dodo didn’t have the small hat tribe masterminding its extinction.After that black pill let me end on a note of hilarity: George Floyd’s family say they’d trade their $20 million award to have George back. And if that doesn’t crack you up you’re beyond hope. (Actually most of that money has probably been blown already.)
UNQUOTE
The Irish Savant puts his view. Is he wrong? No. It is a Malicious Prosecution, politically motivated with very weak evidence. A career criminal took a fatal dose of fentanyl and died resisting arrest. But he is a Godsend for Anti-White Racists, a scapegoat.
Derek Chauvin On Trial With Hostile Coverage From Daily Mail [ 1 April 2021 ]
A martial arts man, black of course says it was murder.
Derek Chauvin Trial - Live Coverage & Floyd Was Foaming At The Mouth [ 1 April 2021 ]
This, whisper it, is honest coverage.
Derek Chauvin Trial - A Poor Day For The Prosecution [ 2 April 2021 ]
One potential witness, a passenger in Floyd’s car, Maurice Hall was George Floyd's drug dealer. He "took the 5th" i.e. refused to testify and open himself to a murder conviction.
Black Police Chief Claims Derek Chauvin Violated Policies [ 6 April 2021 ]
QUOTE
During his more than three hours on the witness stand Mr. Arradondo tried to portray a police department that strives to treat citizens with dignity and respect. He has been with the department since 1989 and chief for approximately three years.“We put a lot of time, energy and resources into our training,” he said. When considering response tactics, “the goal is to resolve the situation as safely as possible, so you want to always have de-escalation layered into those actions of using force,” he added.
Prosecutors have so far presented consistent opinion from police officials condemning Mr. Chauvin’s behavior. Two lower-ranking police-department officials testified last week that Mr. Chauvin should have stopped restraining Mr. Floyd when he stopped resisting arrest................
Mr. Arradondo also indicated that the officers responding to a report that Mr. Floyd had allegedly used a counterfeit $20 bill to buy a pack of cigarettes wouldn’t normally be required to arrest him...........
Earlier in the morning, the emergency-room doctor who treated Mr. Floyd said that a lack of oxygen was the most likely cause of Mr. Floyd’s death, based on evidence gathered that night.
UNQUOTE
Is the WSJ taking it down the middle? The black clearly isn't. The lack of oxygen is relevant. Stopping breathing due to three time the fatal does of fentanyl is too. Honest commentary is at the Law Of Self Defence.
Derek Chauvin Trial - Prosecution Witnesses Were Good For The Defence [ 7 April 2021 ]
A vicious mob of bystanders disrupted the treatment of George Floyd. Did they kill him or was it the three times fatal dose of Fentanyl?
Lead investigator in Derek Chauvin's case claims George Floyd said 'I ain't doing no drugs' [ 7 April 2021 ]
Mail's report is hostile, but the readers didn't believe it.
The
Chauvin Trial Day 10 Wrap-Up: Defense Raises More Reasonable Doubt with State Witnesses [ 11 April 2021 ]
Andrew Branca tells us that the prosecution called two more medical witnesses, Dr. Lindsey Thomas, a forensic pathologist retained as another expert witness for the state, and Dr. Andrew Baker, the Hennepin County Medical Examiner who conducted the autopsy of George Floyd.They both testified that George Floyd's death was caused exclusively by Derek Chauvin, which is what the Prosecution wanted but on Cross-Examination by the Defence they admitted that his heart condition, blocked arteries, fentanyl dosage etc. could have killed him. On redirect they reverted to the Prosecution story. Reasonable doubt? Believe it. Perjury? Who pays their wages?........
On cross examination, however, both Thomas and Baker agreed that every single one of those factors, by themselves, even in the absence of any police involvement, or any of the other factors, if viewed in isolation could be an entirely reasonable cause of death for an official death certificate. (Below I’m just amalgamating the responses of both Thomas and Baker, as they were so similar—video of their individual cross-examination testimony is embedded below for those wishing a more granular sense of what each said.)
Minnesota Cop Kills Another Black [
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Bodycam video shows a senior female police officer who shot dead a 20-year-old black man during a traffic stop in Minneapolis saying 'holy sh*t, I shot him' after allegedly accidentally firing her gun instead of her taser during a struggle.Brooklyn Center Police Chief Tim Gannon on Monday described the fatal shooting of Daunte Wright as 'an accidental discharge' after the black man's death sparked violent protests less than 10 miles from where the trial of Derek Chauvin, the white Minneapolis police officer charged with murdering George Floyd, is taking place.
Wright was shot dead on Sunday afternoon after he and his girlfriend were pulled over during a traffic stop for what police say was an expired car registration. The officers then learned Wright, who has a toddler son, had an outstanding warrant against him.
The Hennepin County medical examiner on Monday evening ruled his manner of death was homicide and said the cause of death was a gunshot wound to the chest.
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As Fred told us; if the police try to arrest you don't fight back. Don't give them reasons to kill you. Just sue them afterwards. Wright is another twerp who lost out because he believed the propaganda. He's given the Mainstream Media another excuse to incite rioting.
Chauvin Trial Day 12 Wrap-Up Defense Use-of-Force Expert Witness Falls Short [ 13 April 2021 ]
This is seriously disappointing. Barry Brodd has been well paid but his testimony was not proofed against hostile Cross-Examination, a failure by Eric Nelson, the lead Defendant.
Derek Chauvin Murder Trial Day 8 - State Expert Witness Was Very Helpful To The Defence
Sergeant Stiger, of the Los Angeles Police Department was paid $13,000 by the Prosecution and agreed with pretty much everything the Defence put to him. The Daily Mail's quite lengthy report, Lead investigator in Derek Chauvin's case claims George Floyd said 'I ain't doing no drugs' is hostile but the readers don't swallow its line.
Chauvin Trial Day 12 Wrap-Up Defense Use-of-Force Expert Witness Falls Short [ 14 April 2021 ]
This is seriously disappointing. Barry Brodd has been well paid but his testimony was not proofed against hostile Cross-Examination, a failure by Eric Nelson, the lead Defendant.
Chauvin Trial Day 13 Wrap-Up: Solid Day for Defense With Forensic Expert Witness
Chauvin Trial Day 14 Wrap-Up: Mistrial Narrowly Avoided, Closing Arguments Monday - prosecution cheating mistrial justified
Chauvin Trial Verdict Prediction (of Sorts), with Reasons – Law of Self Defense
The Prosecution is a long way short of proving murder beyond reasonable doubt. Claiming three causes of death shows that. But with rioters outside the Court waiting to go and national rioting in prospect for an Not Guilty verdict the chances are not good. The Jurymen will be exposed after. Thousands or millions will be keen on murdering them. Lynching is a distinct possibility but blacks or Antifa will be the perpetrators.
Derek Chauvin trial Medical expert says George Floyd died from 'low level of oxygen' [ 9 April 2021 ]
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A pulmonology medical expert says images of George Floyd lifting himself off the ground with his hands show he was trying to 'literally breath with his fingers and knuckles' because the force used to push him down was crushing his lungs.Dr Martin Tobin, a specialist at the Edward Hines, Jr. VA Hospital and Loyola University's medical school in Chicago, testified as a prosecution witness on Thursday during Derek Chauvin's murder trial. During his hours-long testimony, Dr Tobin said he believed Floyd's cause of death was due to a lack of oxygen that damaged his brain and caused his heart to stop when he was pinned to the street by Minneapolis police officers.
He said there were several factors that he said made it difficult for Floyd to breathe, beyond Chauvin's knee on his neck: Officers lifting up on his handcuffs, the hard street, lying face down, his turned head and a knee on his back............ Dr Tobin told the court that the impact of the pressure of the officers and handcuffs rendered movement so impossible that Floyd's left lung was greatly affected.........
Nelson [ for the Defence ] listed the health issues that Floyd had – heart disease, high blood pressure and a tumor that, in 10 percent of sufferers, produces adrenalin surges. And he pointed to the lack of any bruising or damage to the hypopharynx on autopsy.
But Nelson could not draw Dr Tobin into agreeing that fentanyl caused Floyd's depressed breathing or that pre-existing health conditions played a role.
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Dr Tobin refused to admit that a fatal dose of fentanyl and other problems were relevant. Was he committing Perjury??. Andrew Branca, an Expert On The Law Of Self Defence wrote Chauvin Trial Day 9 Not A Bad Day For The Prosecution. He mentions that Dr Tobin is normally very expensive, at $500 an hour but he is doing this one as a freebie; it gives him a chance to put the boot in. The Mail does not say anything his pricing. There is decent coverage at The Derek Chauvin Trial - Coverage to Eighth Day.
Medical Examiner Testifies That Tobin Lied On Oath [ 11 April 2021 ]
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Chief Hennepin County Medical Examiner Dr. Andrew Baker testified Friday afternoon in the trial of former Minnesota police officer Derek Chauvin in Minneapolis that heart disease and drugs were contributing factors in the death of George Floyd.Baker, who conducted the autopsy on Floyd, had listed the cause of death on Floyd's death certificate as "cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression." But he also had noted "contributing conditions" on Floyd's death certificate, including "arteriosclerotic and hypertensive heart disease; fentanyl intoxication; recent methamphetamine use."
Under cross-examination by defense attorney Eric Nelson, Baker said that other factors had been significant enough to note:
Dr. Baker: So when you put those [contributing conditions] on a death certificate, as a physician, what you are saying is I think these played some role in his death. They had a contributing condition. I'm unaware of how the CDC [Centers for Disease Control and Prevention] would mandate what goes on there. Presumably, the goal is you put things on there that you believe are relevant. You don't list trivial stuff on there that didn't play a role.
Nelson: And so if something was significant enough, you put it on, but if it's insignificant, and didn't contribute, you leave it off?
Dr. Baker: Generally, yes.
Nelson: And so, in your opinion, both the heart disease as well as the history of hypertension ,and the drugs that were in his system, played a role in Mr. Floyd's death?
Dr. Baker: In my opinion, yes.
Baker also testified that Chauvin's knee had not blocked the carotid arteries carrying oxygen to Floyd's brain, as prosecutors had suggested earlier..............
Later, Baker said that he had certified overdose deaths in which levels of fentanyl were lower than they were in George Floyd. He said that had Floyd been home alone, "with no evidence of trauma," he would have ruled his death an overdose. However, on re-direct by the prosecution, he said that his opinion was that the encounter with police was the main reason for Floyd's death.
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Dr. Baker said, on oath that fentanyl etc. contributed to Floyd's death. Doctor Tobin chose to deny it. See Derek Chauvin trial Medical expert says George Floyd died from 'low level of oxygen' Who do you believe?
Minnesota Versus Justice, Minnesota Versus Derek Chauvin [ 16 April 2021 ]
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How about an interview with the victim, media? Anyone interested? Nah, let’s get to the story on Officer Chauvin’s taxes!Yes, the Minnesota Department of Revenue and the Oakdale Police Department have done their part for BLM by poring over Officer Chauvin’s state tax returns and are now charging him with “tax fraud.” They claim that, over the past five years, Chauvin and his wife underpaid the State of Minnesota about $21,000 in taxes. There’s a real clickbait story!
There have been hundreds of news stories on Chauvin’s alleged tax fraud. (George Floyd, I assume, was always punctilious about his taxes. Probably an early filer.)
Rioting is good for ratings. Don’t expect the media to report the truth.
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This comes from the politicians who made the police allow their main office get burnt down and bought off Floyd's with family with a $27 million bung. Does this prove Malicious Prosecution? You just might think so. It certainly sends a message to black criminals like Floyd.
Four Grounds For Derek Chauvin Appeal [ 22 April 2021 ]
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A jury took just ten and a half hours to find former Minneapolis police officer Derek Chauvin unanimously guilty of murder and manslaughter charges in the death of George Floyd.But with Chauvin, 45, almost certain to appeal, the politically explosive case could be far from over. With nine out of every ten appeals refused by US courts, defense attorney Eric Nelson will face an uphill task.
TOO CLOSE TO HOME
George Floyd’s shocking [ sic ] death under the knee of Derek Chauvin triggered months of protests across the globe. But nowhere was the pain and anguish felt more acutely than in his native Minneapolis where crowds greeted today’s verdict with roars of approval and tears of joy. The ex-cop’s legal team had argued there was no way their client could get a fair trial in Hennepin County but District Judge Peter Cahill refused to move it to another city..........ANOTHER SHOOTING, FRESH OUTRAGE
Judge Cahill refused repeated defense requests to sequester the jury during the three-week trial to shield them from any mention of the case or related news.But nobody could have anticipated what happened next: a horrifying police shooting of an unarmed black motorist just ten miles from the spot where Floyd [ allegedly ] choked to death. The killing of Daunte Wright, 20, by a police officer, who claims she mistook her firearm for a taser when she blasted him at close range, triggered a fresh wave of protests and violence............
ENTER MAXINE WATERS
In the 11 months since he died face down in the street, handcuffed, gasping for air and begging for mercy, George’s Floyd’s family have not wavered in their calls for restraint, calm and peaceful protest. But it seemed firebrand California Rep Maxine Waters had not read the script when she flew into Minneapolis on the eve of jury deliberations to rally protestors and demand justice..........As jurors began deliberating the very next day Republicans condemned the veteran congresswoman’s call to arms as incitement to riot and jury tampering.
PAY OFF THREATENS CASE
The Floyds received the justice they craved. They will also receive a massive amount of money. Five days after jury selection began the City of Minneapolis made the extraordinary decision to announce to the world that they had approved a $27million settlement in the civil case brought by the family. Nelson immediately asked for the trial to be moved and postponed but his request fell on deaf ears. Instead, it was agreed that the judge would re-voire dire the jurors already seated.
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The Mail did not mention the intimidation, the lifelong murder threats the jurors and their families were facing after an Attack On A Witness's Home. The timing was deliberate and malicious. Nor does the Mail mention that Maxine Waters is one of the 14 Most Corrupt Members Of Congress as well as black. You can check with MOST CORRUPT: REPRESENTATIVE MAXINE WATERS ...
PS Aren't we lucky that Boris Johnson, our wonderful prime minister is importing thousands more like George Floyd, to enrich us? He has the active support of Priti Patel, another Third World alien. See the next one to know.
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Attorney General Orders Police Brutality Investigation In Minneapolis [ 23 April 2021 ]
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Attorney General Merrick Garland on Wednesday announced that the Justice Department will launch an investigation into the policing practices in Minneapolis following the conviction of former officer Derek Chauvin in the killing of George Floyd.............Minneapolis Mayor Jacob Frey (D) endorsed the probe, saying in a statement that local officials “welcome the investigation as an opportunity to continue working toward deep change and accountability in the Minneapolis Police Department.”
It will examine the use of force by police officers, including force used during protests, and whether the department engages in discriminatory practices. It will also look into the department’s handling of misconduct allegations and its treatment of people with behavioral health issues and will assess the department’s current systems of accountability, Garland said.
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Garland will investigate American police but not police in Israel even though they Take The Knee just like Derek Chauvin
NB Punching victims is healthy exercise and fun. Jews and Psychopaths enjoy it, especially when the victims are black. BTW Breitbart did not mention that Merrick Garland is also a Jew. If you think you would like to join in Jews are willing to teach you Krav Maga, their personal fighting system - at a price of course. Go to Israeli Tactical and see what they offer. Or you can talk to them by calling +48 698 688 376 about training or +48 606 203 911 about signing up. To paraphrase The Communist Manifesto - Psychopaths of the world unite. You have nothing to lose but a chance to use your chains.Top Democrats refuse to condemn Maxine Waters after she calls for 'more confrontation' even as Tucker Carlson slams 'mob violence' and Chauvin judge warns of 'jury intimidation'
Maxine Waters' history of defending violence: Democrat called the deadly 1992 LA riots a 'rebellion' and told her supporters to confront Trump cabinet members in the street Waters is, naturally black and deeply corrupt.
https://www.yahoo.com/news/pig-head-thrown-former-home-123247953.html
https://www.yahoo.com/news/pig-head-thrown-former-home-123247953.html
Al Sharpton is blasted for sharing 'tone deaf' video of himself boarding a private jet 'owned by Tyler Perry' to join George Floyd's family in Minneapolis for conclusion of Derek Chauvin's murder trial - Sharpton is a race hustler on the make.
Derek Chauvin Convicted of Murder in Death of George Floyd [ 21 April 2021 ]
The Black Lives Matter mob and Antifa subversives will be delighted. One factor that encouraged the Jury to produce the "right result" is the Attack On Barry Brodd's Home; a message that all Twelve Men, good and true were going to be vulnerable to life long murder threats. It was clearly a Malicious Prosecution, one that succeeded.
Chauvin Murder Trial Juror Admits Lying To Judge In Order To Pervert The Course Of Justice [ 4 May 2021 ]
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A Black Lives Matter (BLM) activist is admitting [ saying/claiming/alleging - delete to taste ] that he misled the judge to remain a juror in the Derek Chauvin murder trial, and he is urging others to do the same, to get on juries in order to “spark some change.”Juror #52, who has since been identified as Brandon Mitchell, told Judge Peter Cahill that he had no previous knowledge of the George Floyd civil case ruling to stay on the jury. Floyd’s family received a payout of $27 million because their crack head serial felon relative died during a police encounter last year.
Two jurors were dismissed from the case because they honestly told Judge Cahill that knowledge of this $27 million payout would bias them from adequately serving in their role on the jury. Mitchell was adamant that he would not be biased and knew nothing of the details of the case.
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Lying on oath qualifies as Perjury. Saying that he had no intention of judging the facts shows clear intent to get a guilty verdict by fraud. If America has still has the Rule Of Law our Mr Mitchell, black of course will be given a fair trial and go to prison. If Cahill J lets him get away with it, he will be complicit in Misconduct In Public Office as well as a Miscarriage of Justice.
