I hate it when I asphyxiate someone for 8 minutes and 46 seconds and they coincidentally die of...

[demmiblue]

Link to tweet

[The Velveteen Ocelot]

1. Doesn't matter that it was a heart attack.

Floyd's death was caused by the actions of the police, whether it was asphyxiation or a heart attack. He wouldn't have died if they hadn't done what they did.

[Disaffected]

6. It could make a difference though to

the charges laid would it not?

[Solomon]

7. No. Stop it. Just stop it.

Jeez. smh

[Disaffected]

14. That was uncalled for.

Maybe you should give your head a shake...

[Amishman]

19. Yes, it easily could

This could be the difference between proving a murder charge and a manslaughter charge.

[The Velveteen Ocelot]

8. He's been charged with third degree murder, which is defined as

"an act eminently dangerous to others and evincing a depraved mind, without regard for human life." If you kneel on someone's neck for nine minutes during which they are begging you to stop because they can't breathe, doesn't that sound like a depraved mind even if the person finally dies of a heart attack rather than asphyxiation?

[Disaffected]

13. Certainly - no argument with that.

I guess that makes the difference between being charged with third degree murder or second (or first) (?).

[The Velveteen Ocelot]

15. First degree murder has to be charged by grand jury indictment.

It's fairly common to charge someone with a lesser offense by complaint so the process can start right away, and then convene a grand jury later if the evidence suggests an indictment might be possible on the more serious charge. Both first and second degree murder require proof of intent, (first is intent to kill plus premeditation; second is intent without premeditation), which will be more difficult to prove because the cops have lawyered up and taken the 5th - that means they won't be questioned about what they intended and a jury would have to draw the inference from other evidence. It would be easier to prove that Chauvin didn't care whether Floyd died than that he specifically intended to kill him. But the specific medical reason why he died isn't relevant if his death can be attributed at least in part to what Chauvin and the others did.

[Disaffected]

16. OK

I'm not all that familiar with the intricacies of US law (eg. grand jury indictment; taking the 5th) so thanks for the explanation.

[NutmegYankee]

9. No.

Common law principles like Egg Shell Skull doctrine rule that out.

[NutmegYankee]

2. Thankfully the underlying health conditions won't be a factor in the criminal case.

The "egg shell skull" doctrine covers this.

[coti]

4. Right. You can kill an 107-year-old woman on her deathbed, it's still murder. nt

[Doremus]

12. Had to look that up.

Learned something new today. Thanks.

[live love laugh]

3. It's the same comorbidity bullshit we keep hearing. Blame the victim. nt

[coti]

5. These fucks try every last rejected argument in the book

in their efforts to avoid being decent human beings. The law has heard all of this shit before.

[soothsayer]

10. Surprised they didn't insinuate it was Covid related

Underlying conditions and all that.

[live love laugh]

11. IKR nt

[Jamastiene]

17. Funny how up until now, doctors have emphasized how hypertension and heart disease

are such silent killers and take a looooong time to do so. They mean years, not 9 minutes.

He still would not have died at that point in time had he not been restrained, laid face down on the pavement, PLUS murdered at the same time. That would make anyone's ticker go kaput.

[MFM008]

18. still caused by what happened.

no excuse.