3rd Degree Murder and Manslaughter

These are the facts that the prosecutor is going to court with. I'm sure the autopsy will be part of the evidence, but it's not likely to help the prosecution. The tox screen, when it's finished, could well turn out to be the thing that hurts the prosecution the most. The rush to charge may turn out to be a huge mistake.

 

Does he have a basis then for a good defense ?

 

The suspect resisted getting in the police vehicle by throwing himself on the ground, not once but twice. He was claiming he could not breathe while still on his feet , and before they even got him to the vehicle.

 

So he might have a valid defense then?

 

Not because of that. I believe his best defense is the underlying health condition of the suspect, plus whatever the tox screen may reveal. I suspect it will show he had chemicals in his body that contributed to his death. But that's mostly a guess, based on how he was acting.

It will work against him that one of the other officers suggested Floyd be turned on his side, which is no doubt policy. It was Mr. knee on the neck that said no.

 

The media is just showing the neck choke position!

 

That's all they're interested in. Keeps the mob inflamed.

 

One of them did ask him if they shouldn't turn Floyd on his side. He said no. Being the senior officer involved, the others followed his lead. Unfortunately.

 

Probably not, but people need to understand his actions were not premeditated murder.

 

Yep. Happens a lot.

 

Not me. I do judge because Jesus commanded us to judge rightly, taking the spec out of our own eye first. Never judge is a misnomer--liberalism creeping into theology.

And if you really are not convinced at this point, I'd be curious what you think you might see in other footage that would convince you to acquit.

 

I believe it may very well be impossible to overcome the knee on the neck, although there is no evidence that it caused his death. No one will be able to erase that image from their minds.

 

In my thinking, that doesn't matter either. I know there is a legal distinction between murder and attempted murder. In my mind, those are equal crimes. Even if Floyd happened to live through this, I'd want that cop put away.

 

the autopsy has been released - he apparently died from heart failure exasperated by self medication.

George Floyd autopsy: no sign of traumatic asphyxia or strangling

 

I doubt this will matter. Police must always realize they are dealing with people with various health problems.

 

In general, a knee to the throat would only be authorized when deadly force is justified. It would only remain authorized so long as the need for deadly force continued to be justified. Means, opportunity, and jeopardy must be present, and continue to be present, for an officer to use deadly force. When one element ceases to exist, the use of deadly force must stop. The officer was wrong and is guilty of taking a life. People must understand it was not premeditated murder. 3rd degree is the proper charge.

 

correct, the public has already tried and condemned the officer just because of the optics.

and yes, he is indeed responsible for his death. they could have helped him up and saved his life.

 

the final verdict will probably be manslaughter and not murder which will mean several more days of rioting in democrat sanctuary cities.