Why Derek Chauvin May Get Off His Murder Charge

[Burnt Reynolds 5,058]

An interesting article coming out about Chauvin:

Quote

 

There are six crucial pieces of information — six facts — that have been largely omitted from discussion on the Chauvin’s conduct. Taken together, they likely exonerate the officer of a murder charge. Rather than indicating illegal and excessive force, they instead show an officer who rigidly followed the procedures deemed appropriate by the Minneapolis Police Department (MPD). The evidence points to the MPD and the local political establishment, rather than the individual officer, as ultimately responsible for George Floyd’s death.

These six facts are as follows:

1. George Floyd was experiencing cardiopulmonary and psychological distress minutes before he was placed on the ground, let alone had a knee to his neck.

2. The Minneapolis Police Department (MPD) allows the use of neck restraint on suspects who actively resist arrest, and George Floyd actively resisted arrest on two occasions, including immediately prior to neck restraint being used.

3. The officers were recorded on their body cams assessing George Floyd as suffering from “excited delirium syndrome” (ExDS), a condition which the MPD considers an extreme threat to both the officers and the suspect. A white paper used by the MPD acknowledges that ExDS suspects may die irrespective of force involved. The officers’ response to this situation was in line with MPD guidelines for ExDS.

4. Restraining the suspect on his or her abdomen (prone restraint) is a common tactic in ExDS situations, and the white paper used by the MPD instructs the officers to control the suspect until paramedics arrive.

5. Floyd’s autopsy revealed a potentially lethal concoction of drugs — not just a potentially lethal dose of fentanyl, but also methamphetamine. Together with his history of drug abuse and two serious heart conditions, Floyd’s condition was exceptionally and unusually fragile.

6. Chauvin’s neck restraint is unlikely to have exerted a dangerous amount of force to Floyd’s neck. Floyd is shown on video able to lift his head and neck, and a robust study on double-knee restraints showed a median force exertion of approximately approximately 105lbs.

 

https://medium.com/@gavrilodavid/why-derek-chauvin-may-get-off-his-murder-charge-2e2ad8d0911

 

The article is absolutely right in that Chauvin's guilt won't be based on our own understanding of murder, but weighing what murder is compared to the circumstances as well as policies of MPD. A jury cannot create its own interpretation of what murder is, it must use statutory guidelines, and these guidelines as well as the other facts surrounding the case, if demonstrated, can lower that burden under "beyond reasonable doubt". I was extremely confident in second degree murder charges from my own understanding of second degree murder, but realizing the error of my thinking, I'm somewhat worried that if the jury interprets these things properly, and it favors Chauvin, it is they that would find themselves the target of people's outrage, even though they would be doing things properly.

[TBoneTX 45,498]

7 hours ago, Burnt Reynolds said:

if the jury interprets these things properly, and it favors Chauvin

...then the entire country will burn down.

[Dashinka 24,591]

5 hours ago, TBoneTX said:

...then the entire country will burn down.

Yes, reason will have nothing to do with the reaction if this occurs.