I trained to be a paralegal several years ago but never took the certification exam. However, I learned so much about approaching a case, such as taking my emotions out of the situation and just looking at the cold hard facts. So many posters here seem to have trouble doing that.
Thank you for your clear legal expertise and logic in explaining such a fresh and sensationalized case.
The just released final autopsy report, indicates the George Floyd tox screen found fentanyl 11 ng/mL. This greatly complicates the problem is proving that it was Chauvin's action that caused Floyd to become unconscious and then die.
Floyd complained he could not breathe while standing, before Chauvin did anything.
Chauvin was on the force 19 years. He was trained in the technique used and presumably used it many times without killing anybody. This would be the one outlier in 19 years.
New prosecutor Keith Ellison just added 2nd Degree Murder. I see no way for the prosecutor to support any charge under Murder 2. Note that Murder 2 does not carry life imprisonment and in Minnesota does not require a grand jury.
2019 Minnesota Statutes
609.19 MURDER IN THE SECOND DEGREE.Subdivision 1.
Intentional murder; drive-by shootings.
Whoever does either of the following is guilty of murder in the second degree and may be sentenced to imprisonment for not more than 40 years:
(1) causes the death of a human being with intent to effect the death of that person or another, but without premeditation; or
(2) causes the death of a human being while committing or attempting to commit a drive-by shooting in violation of section 609.66, subdivision 1e, under circumstances other than those described in section 609.185, paragraph (a), clause
(3). Subd. 2.
Unintentional murders.
Whoever does either of the following is guilty of unintentional murder in the second degree and may be sentenced to imprisonment for not more than 40 years:
(1) causes the death of a human being, without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting; or
(2) causes the death of a human being without intent to effect the death of any person, while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the perpetrator is restrained under an order for protection and the victim is a person designated to receive protection under the order. As used in this clause, "order for protection" includes an order for protection issued under chapter 518B; a harassment restraining order issued under section 609.748; a court order setting conditions of pretrial release or conditions of a criminal sentence or juvenile court disposition; a restraining order issued in a marriage dissolution action; and any order issued by a court of another state or of the United States that is similar to any of these orders.
https://www.freerepublic.com/focus/f-news/3852021/posts
FR thread above.
Article at below link.
https://thedispatch.com/p/explaining-the-new-second-degree
Explaining the New Second Degree Murder Charge Against Derek Chauvin
The political rationale is obvious, but the actual strategic value is less clear.
Ted Sampsell-Jones