THE FOUR OFFICERS CHARGED WITH FLOYD’ S DEATH

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Four Minneapolis police officers have been sacked and charged over the killing of George Floyd, whose death spurred global protests.

The charged officers are Derek Chauvin, J Alexander Kueng, Thomas Lane and Tou Thao who  arrested Mr, Floyd, a black man  for an alleged fake $20 (17.5 euros; £16) bill.

Mr. Floyd, died while he was in the custody of these four white officers. on the 25^th of May, 2020.

Officer Chauvin was filmed pressing his knee on Mr. Floyd's neck for almost nine minutes before Floyd  died of a heart attack caused by  suffocation. During those nine minutes, Floyd was heard crying out  “I can’t breathe.”  He also called out to his dead mother.

There is no doubt in my mind that Officer Chauvin was aware that Floyd was suffocating. That is when he should have lifted  his knee from Floyd’s neck. Instead, he kept the pressure on Floyd’s neck and in doing so, he was indifferent as to whether or not Floyd died from suffocation.

That is why this officer is being charged with second degree murder and second degree manslaughter. Now he can’t be convicted of both crimes so the second degree manslaughter is included in case he is acquitted of second degree murder.

To convict Officer Chauvin of first degree murder,. it would, be difficult to prove beyond a reasonable doubt that he intended to kill Floyd. However, since he is charged with second degree murder which according to Minnesota law, a defendant is charged when the defendant intentionally kills someone, albeit without preparing to do so ahead of time but does it in the heat of the moment. 

If Floyd hadn’t cried out that he couldn’t breathe, then the prosecutor would have a difficult time  attempting  to prove that Chauvin knew that Floyd was dying. But since Chauvin knew that Floyd couldn’t breathe, then that is evidence that Chauvin was indifferent to the fact that Floyd was actually dying from suffocation.

The problem is that the charges brought by the state do not determine guilt, or how seriously the state treats a crime. Legal charges act as definitive standards which means that they set the parameters for criminal acts and the evidence prosecutors must provide to obtain a conviction. And the price of getting it wrong, of prosecutors over-charging and failing to produce the evidence, results that the perp gets to walk free.

Second degree murder is a criminal law term that describes the killing of another human being without premeditation. Second degree murder may also refer to a death caused by an individual’s negligent or reckless conduct thereby causing the victim’s death. 

  In my opinion. That may be easy to prove in this particular case.

Second degree murder is also the criminal act of killing another person with intent, but without pre-meditation. In simple terms, a person can face second degree murder charges if he intentionally causes another person to lose his life, with no pre-planning, or without taking an opportunity to put some thought into his actions.  I don’t think this would apply in this particular case. 

Minnesota Statutes Sections 609.205 – Manslaughter in the Second Degree is causing the death of another human being  through any of the following means such as Negligence that created an unreasonable risk and consciously causing death or great bodily harm to another person.  That cpuld azpply in this particular case.

Involuntary manslaughter in Minnesota is called manslaughter in the second degree. Manslaughter in the second degree is a class C felony which carries a minimum sentence of 1 to 3 years in prison and a maximum period of incarceration of 5 to 15 years.

If the prosecutor decides to proceed against Chauvin with second degree manslaughter, there is no doubt in my mind that this man will be convicted especially since he has a bad record in the police department with respect to 18 justified complaints against this particular police officer.

As to sentencing, I think he  should get the maximum sentence of fifteen years imprisonment.

Involuntary manslaughter in Minnesota is called manslaughter in the second degree. Manslaughter in the second degree is a class C felony which carries a minimum sentence of 1 to 3 years in prison and a maximum period of incarceration of 5 to 15 years. If he is convicted of manslaughter, he should get 15 years in prison.

Now I will deal with the other charged officers.

Alexander Kueng, 26. He  helped restrain George Floyd

Thomas Lane, 37, He helped , restrain George Floyd, along with Derek Chauvin and J. Alexander Kueng.

Tou Thao, 34.  He stood near the other officers. He had six complaints filed against him.  

These  three  officers were also dismissed from the police force.  They are all being held on bail of one million dollars each. 

They are each charged with aiding an abetting second-degree murder and aiding and abetting second-degree manslaughter.

According to the Justice Department, there are four major elements in the crimes of aiding and abetting:

·        That the accused had specific intent to help in the commission of a crime by another;

·        That the accused had the requisite intent of the underlying substantive offense;

·        That the accused assisted or participated in the commission of the underlying substantive offense; and

·        That someone committed the underlying offense.

In my opinion, when a group of persons are present when  another person is  being murdered by  one of them and the other persons are present to stop the victim of escaping, then they are as guilty as the person who killed the victim however. their sentences shouldn’t be as severe as the one who killed the victim. 

There is one good thing that has come from this terrible event. Many law enforcement departments are planning to forbid police officers tfrom using  choke holds on suspects.