Sorry for an extra thread but didn't really want to add to the other threads and instead focus solely on the actual charge the officers are facing. I can't help but think that upgrading the murder charge to second degree murder is a really bad move and could see him walk free. I don't think they have a hope in hell of proving that his intention was to kill If someone goes to court facing a second degree murder charge could they be found not guilty but the judge rule guilty of third degree instead or would it simply be not guilty?
From what I’ve read, they are hoping to prove that he was aware that he was killing him and proceeded anyway without care, which would constitute a second degree. There are people asking for it to be upgraded to first degree, which would be a bad move. Third degree murder is parallel to a manslaughter charge here. I do believe it can be downgraded to a third degree during sentencing, but I’m not 100% sure on that.
9 minutes, victim and passers by saying he couldn't breathe. What was his motive other than to kill? I hope justice will prevail,
The other 3 officers have also been charged as accomplices. That will be more difficult to prove, I feel.
Possibly to detain him without caring if he died or not (3rd degree murder.) A much easier charge to prove rather than having to prove he was actually trying to murder him.
Refer to my post above. 9 minutes , they were right by him. Plenty of opportunity to disuade him or physically pull him away from George.
I may be completely wrong but I thought not caring (rather than intending) was 3rd degree Manslaughter comes below third degree murder in Minnesota
Perhaps I have incorrect information, but I was reading up on it yesterday and I understood it as First degree: planned murder Second degree: Intentional. An example given was a bar fight in which a death occurs. I’m not sure how that fits in with intentional, but that was an example which is somewhat applicable here Third degree (voluntary manslaughter): spur of the moment killing Involuntary manslaughter: accidental killing I agree with you that third degree is more likely to stick, but I don’t think second degree is out of the question
I don't think that's the case in Minnesota though, they have different laws in different states. I'm 99% sure that Minnesota has 1st 2nd and 3rd as well as voluntary and involuntary manslaughter.
First-Degree Murder Like in many other states, Minnesota considers first-degree murder to be the most serious and heinous form of murder. Due to this classification, not all murder charges are filed as first-degree murder. First-degree murder charges in Minnesota have aggravating factors. Sometimes first-degree murder is based on the identity of the victim. For example killing a spouse after continued domestic abuse, killing a child, killing a cop, killing a judge or killing a witness to thwart his or her testimony in another case are often charged as first-degree murder. In other cases, first-degree charges arise due to the defendant’s conduct. For example, the premeditated murder in which the defendant considers, plans or prepares for the killing beforehand or killing someone during a sexual assault, burglary, aggravated robbery, kidnapping, arson or act of terrorism may be charged as a first-degree murder case. Since Minnesota does not have the death penalty, the harshest punishment for those convicted of first-degree murder is life in prison. An element of the first-degree murder statute is the intent to kill. Second-Degree Murder Second-degree murder can be an intentional killing, but it is not as serious as first-degree murder. Second degree murder can be charged when a defendant intentionally kills another human being but the murder is not premediated. Second-degree murder may result when a person kills out of an intense emotional response or impulse. Additionally, killing someone during a drive-by shooting, killing someone during the commission of a crime that is not sexual assault or killing someone unintentionally while intended to inflict great physical harm to a victim for whom an order of protection was obtained can result in second-degree murder charges. Second-degree murder has a maximum penalty of 40 years in prison. Third-Degree Murder This murder is not based on having the intent to kill. Third-degree murder is often charged as a depraved heart or mind crime. This charge can arise when a person fires a gun in a crowd without intending to kill anyone, for example. Murder is charged when a person is killed and the defendant has an indifference to the sanctity of human life. This charge may also result if a person sells bad drugs. The maximum penalty for murder is up to 25 years in prison. If the death resulted because of a Schedule I or II drug sale, a fine of up to $40,000 may result. Voluntary Manslaughter Voluntary manslaughter charges may be imposed rather than murder charges when a defendant commits a murder due to being provoked by an intense emotional response. This is often referred to as a “crime of passion.” Other situations may result in this charge when the defendant unintentionally causes another person’s death because of distributing a Schedule III, IV or V controlled substance. Voluntary manslaughter carries with it a maximum punishment of 15 years imprisonment and fines up to $30,000. Involuntary Manslaughter Involuntary manslaughter is essentially a killing based on negligence. For example, mistaking a person as an animal while hunting and shooting him or her. Child neglect that results in death may be charged as involuntary manslaughter. Vehicular homicide in which the negligent operation of a vehicle results in the death of another can also be charged in this way. Maximum penalties for these types of crimes can include up to 10 years in prison and $20,000 in fines
Interesting. That’s not how I understood it from what I was reading up last night, but that makes sense. I stand by what I said previously, that third degree is probably the most appropriate, but I don’t think second degree is impossible. It’s wrong that this impacts it, but with all that’s going on as a result of it, I don’t think there’s a chance he walks free.
I thought exactly the same when I read about this today. I can completely understand the desire to make him face the most appropriate justice but proving intent is going to be unbelievably difficult.
I think he would walk free if they charge him with second degree and judge cant downgrade the charge to third. On third degree he would be found guilty in a matter of seconds. The reason I think he would be found not guilty is the killing of Daniel Shaver a few years ago. Laid on his stomach screaming don't kill me at the police officer who barked out orders to him that were impossible to comply with before killing him and all caught on camera.
Having said that kneeling on a man's neck for nine minutes at the same time as the man is in handcuffs and while he is filmed crying out that he can't breathe is pretty good evidence.
Just read an article that says they’ve added the second degree murder charge, rather than ‘upgrading’ it. So he’s now on trial for Manslaughter, Murder in the Third Degree and Murder in the Second Degree. The other 3 officers are on trial for aiding and abetting Murder and Aiding and Abetting Manslaughter. I didn’t realise that 2 of the officers were trainees, one in his 3rd shift and one on his 4th. It’s fine though because one of them had Earl Grey as his lawyer, so he’ll be fine. (That’s not a joke)
