Derek Chauvin charged with murder and manslaughter

[mysteryowl]

Source: Star Tribune

Hennepin County Attorney Mike Freeman says former Minneapolis police officer Derek Chauvin has been charged with murder and manslaughter.

Freeman said this moved with extraordinary speed, that the investigation is continuing into other three officers, Freeman says. He said they have never charged a case this quickly before.
Derek Chauvin, 44, was charged with third-degree murder and manslaughter four days after pinned his knee on Floyd's neck for several minutes at the intersection of E. 38th St. and Chicago Avenue as Floyd, who was handcuffed, told him he couldn't breathe. Bystanders also begged Chauvin and three other officers at the scene to relent, but their calls went unheeded as Floyd grew unresponsive and later died.

Freeman said a criminal complaint will be released later, but "I didn't want to wait any longer to share the news that he's in custody and charged with murder."

Three other officers involved in the detention were also fired, but they have yet to be arrested or charged.

Read more: https://www.startribune.com/walz-confronts-criticism-over-protests-investigation/570864092/

---

Comments from active live demonstration in Downtown Minneapolis: "Good start" "How about the other three?"
"Many more steps need to happen for justice to be served."

[C_U_L8R]

1. So, they normally let murderers walk for days?

Good thing this criminal has been arrested but the PR spin is nauseating.

[Pacifist Patriot]

5. Actually, yes.

The time between the commission of a crime and the arrest and charging of the crime can take days or months. Yes, even with video evidence. For example, what any reasonable person would assume was a slam dunk case of under-aged drunk driving in my community in September that resulted in the permanent disability of one of the passengers did not result in an arrest and charges until the end of March. And there was video footage as well as other evidence that was collected at the scene and at the hospital.

Now I do think they seriously mishandled this and could have taken proactive communication measures that would have prevented the rioting. The perception of leniency and assumption that nothing was going to be done should have been addressed from minute one. But the delay of a few days before charges were officially filed really isn't all that unusual. The lack of leadership in terms of communication and community engagement was horrific.

[Miguelito Loveless]

10. Completely agree

that it can take time from crime to arrest, but the cynical trouble-making part of me wonders what we would discover if we researched that time span over ten years, with a view toward the accused being white or black.

$100 says one would be WAY shorter than the other.

[Pacifist Patriot]

12. I would not take that bet!

I suspect you are correct.

[Miguelito Loveless]

13. I'll take the bet a step further

and say the difference will be one, or more, orders of magnitude.

[Sgent]

34. I agree it can

but they managed to arrest the pawn shop owner who killed someone two nights ago defending his store from the riots in about 4 hours -- and he will possibly not be charged.

[kiri]

39. https://www.theguardian.com/us-news/2020/may/28/us-police-officers-fired-rehired-why

The authorities do not want cops charged. They and the Fatwernal Order like to stretch out these "investigations" as long as possible. Memories become unclear, evidence disappears, witnesses go away. Eventually everything is dismissed. Cop goes free.

Excellent description here:
https://www.theguardian.com/us-news/2020/may/28/us-police-officers-fired-rehired-why
Officers in the US are frequently rehired after termination for misconduct – and it increases the likelihood of abuse and killings by police, experts say.

[totodeinhere]

2. You may have provided the wrong link. The article you linked to doesn't say anything about charges

being filed. I would also like to know more specifics about any murder charge. Will it be first degree murder or a lessor murder charge?

[rollin74]

3. 3rd degree murder is the charge

[totodeinhere]

4. Thanks. I was hoping for first degree. n/t

[Pacifist Patriot]

7. They wouldn't have been able to get a conviction on first degree.

They would not be able to prove beyond a reasonable doubt that it was premeditated or that there was an intent to kill.

I think they could have potentially proved 2nd degree, but still iffy.

I think the prosecutor went with 3rd degree because that is the murder charge most likely to secure a conviction. "Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life,"

[totodeinhere]

15. Yes, I suppose you are right. But maybe

he can also be brought up on civil rights charges or hate crime charges which would increase his sentence.

[Pacifist Patriot]

17. Nothing preventing them from adding charges.

I'd like to see that as well.

[Bengus81]

27. I think a manslaughter charge on top of that?

[wnylib]

32. According to NPR, there are multiple charges

but I don't remember specifically what they are beyond the 3rd degree murder charge. NPR did say that, if convicted, the maximum sentence could be 30 years.

I'm betting he woukd not survive 1 full year in prison, and I feel no concern for him about it.

[dware]

33. Oh, he'll survive,

he won't be in genpop, he'll be in protective custody, just like pedophiles, snitches, etc.
I want him to suffer the consequences of his murderous actions, preferably in solitary confinement, 23 hours in a cell with 1 hour of solitary recreation time.

[totodeinhere]

40. The problem is that most prisons are rife with racist guards.

They will probably look out for him.

[dware]

41. Trust me when I say that anyone can be gotten to if the price is right.

My younger bro is a prison guard in AZ, he's told me stories that will raise the hairs on the back of your neck.

[Rorey]

47. I'll have the same amount of concern about it that he had for his victims

He hid behind his badge to assault, and finally to kill.

[wnylib]

48. amen

[dware]

19. Civil rights charges would have to come from the Feds.

I don't know if MN has a hate crime enhancement for a crime, but it they do, then it should be pursued by the prosecutor.

[MyOwnPeace]

20. Oh, I'm sure....

Barr-Barr Hutt will lead the cavalry in to bring "federal charges" of "hate crime" against him.

[dware]

22. I hope no fed charges are brought to bear until the Mango Menace is out of a job,

that way, Pres. Biden's DOJ can pursue fed. civil rights and hate crimes without the threat of a presidential pardon.

Of course, if convicted on any Fed charges, they would have to wait for the state sentence to be completed before the Feds actually get him to serve any Fed. sentence.

[totodeinhere]

24. He might if their campaign advisers recommend it.

Since we are in the middle of the presidential campaign they might do things they would not normally do if they think it could win them votes.

[MyOwnPeace]

38. As long as IQ45 and Barr-Barr Hutt are there.....

there will NOT be any federal charges against anybody that had anything to do with that murder.
Remember, as IQ45 said, "Good people on both sides........"

[tblue37]

8. Overcharging often leads to aquittal. nt

[mysteryowl]

6. That is the link. The news media is putting it out as it is being announced live.

I updated the information

[Baclava]

9. Third degree murder in some states is the same as voluntary manslaughter

It’s more like negligent homicide, not murder in any sense really. Just someone dies, and you’re in some way responsible, due to lack of due care.

[mysteryowl]

16. 2019 Minnesota Statutes

609.195 MURDER IN THE THIRD DEGREE.

(a) Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others AND EVINCING A DEPRAVED MIND, WITHOUT REGARD FOR HUMAN LIFE, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years.

[The Mouth]

11. Can we put him in the same cell Jeffrey Epstein didn't kill himself in?

Asking for a friend.

[Bengus81]

29. That cell has definitely been "cleaned up"...........

So it would be ready to go.

[matt819]

14. Words mean things

The article observes: . . . "pinned his knee on Floyd's neck for several minutes. . . "

I've read that he pinned his knee of Floyd's neck for 7 minutes and 9 minutes. I haven't watch the video.

If you're going to be imprecise, why not write, . . . pinned his knee of Floyd's neck for almost ten minutes . . . ?

Also, regarding the speed of the charges, I sure would like to see an article on the truthfulness of that statement.

[SpankMe]

18. If they think the street violence is bad now...

...just wait until the acquittal.

Also, police procedures need to be revised. (No restraint via the neck; definition of "resistance" changes after a subject is cuffed; etc.)

The immediate defense of this officer by the police union is disgraceful. The blue wall must come down.

[DeminPennswoods]

21. Not surprising the police union is defending him

That's what they do. I don't think Chauvin will be able to mount the "feared for his life" rationale that the US Supreme Court allowed for use of deadly force. The suspect was subdued and handcuffed. The 3rd degree murder charge appears to fit well with what happened.

[totodeinhere]

25. I hope he gets the maximum sentence allowed, but he does need a good defense just like any

defendant does. Otherwise the process will be considered illegitimate and we don't want that.

[progree]

23. "did not like to work the African American nights .. would spray people with mace and call 4 police"

https://news.yahoo.com/george-floyd-protesters-set-minneapolis-055809705.html

The owner of a popular Latin nightclub said that Floyd and Chauvin both worked as security guards at the club as recently as the end of last year, but it’s not clear whether they worked together. Chauvin worked at the El Nuevo Rodeo club as an off-duty security guard for nearly two decades, but Floyd had only worked there more recently for about a dozen events that featured African-American music, Maya Santamaria told The Associated Press.

Santamaria said if Chauvin had recognized Floyd, “he might have given him a little more mercy.”

Santamaria, who sold the venue within the past two months, said Chauvin got along well with the regular Latino customers, but did not like to work the African American nights. When he did, and there was a fight, he would spray people with mace and call for police backup and half-dozen squad cars would soon show up, something she felt was unjustified “overkill”.

[Martin Eden]

26. In Prison, how would Chauvin do in the general population?

They'd probably keep him safely tucked away, because my bet is he wouldn't live long.

[dware]

28. He would be placed in protective custody,

as are pedophiles, snitches for their own safety.

If he's convicted and sent to prison, I hope nothing happens to him, I want him to suffer the consequences of his murderous actions, hopefully in solitary confinement.

[Martin Eden]

31. "I want him to suffer the consequences of his murderous actions"

That's how I felt (and still feel) about GW Bush and his band of war criminals. Of course, they escaped punishment to live lives of wealth and privilege.

[Rorey]

30. I am FURIOUS! 3rd degree????

None of what this despicable person did was ok at any point, but when Mr. Floyd said, "I can't breathe" and Chauvin continued to put his weight on Mr. Floyd's neck for several more minutes, THAT is intent to kill. Why isn't it 1st Degree Murder???

I have been angry about this since we heard it happened, and now that the monster is finally charged, I'm even more angry. Chauvin needs to spend the rest of his sorry ass life locked up, and I hope he gets the shit beat out of him every single day of his incarceration.

And has Klobuchar said anything, btw?

[Jedi Guy]

42. Because first-degree murder requires premeditation.

Charging him with first-degree murder would mean the prosecution would have to prove that Chauvin set out to kill Floyd specifically and that he had planned it out. The evidence for that simply isn't there. Based on what I've read of Floyd's death and the Minnesota statutes, third-degree fits well and should be pretty easy to prove at trial.

As angry as you are (and you're justified in being angry), fortunately cooler heads prevailed in deciding what charges to file against Chauvin. Going for first-degree murder would almost certainly result in an acquittal at trial. That's what happens when a prosecutor gets overzealous and overcharges. Look what happened to the cops that killed Freddie Gray. Mosby overcharged, and as I recall almost all of them walked.

Personally, I hope no one lays a finger on him while he's in prison. I hope he gets the full 25 years to sit in a tiny room and reflect on how he callously ended a man's life. He'll likely wind up in protective custody, so it'll be 23 hours a day in a room all by his lonesome. Calling for "prison justice" is nauseating.

[Rorey]

43. Nauseating?

Personally, I think it's more nauseating that he has repeatedly gotten away with brutality for years. I'm fine with "prison justice" for scumbags like him, but you're entitled to your opinion.

[Jedi Guy]

44. Yeah, I find it nauseating. That's not justice, it's vengeance.

Where does your "prison justice" stop? When someone is beaten to the point of permanent disability? Into a coma? To death? Is prison rape okay for certain people that you really dislike? "Prison justice" is cruel and unusual punishment meted out by a non-state actor. Regardless of who dispenses it, it's nauseating.

Also, it's possible for both things to be nauseating, you know. And one injustice does not excuse another. But hey, if you wanna get your jollies imagining someone being brutalized, have at it. I find that kind of thinking to be disgusting and uncivilized, but you do you.

[Rorey]

45. Thanks for the lecture

Condescension is also nauseating to some of us, but you do you.

[Rorey]

46. As the mother of someone who was the victim of police brutality....

I'm most definitely entitled to whatever opinion I have on the subject. My opinion doesn't mean that it's more or less likely to happen, but I can still have it.

[Jedi Guy]

49. I never once said you weren't entitled to your opinion. I said I find your opinion nauseating.

You also didn't answer a single question I asked regarding the "justice" that you're hoping for. And if you find a statement of principle to be condescending then perhaps you might ask yourself why that is. If you condone barbarism, don't be surprised when others find fault with that.

[Rorey]

50. Wow

Have some ginger ale. Might help with the nausea.

Have a good day.

[Lulu KC]

35. I've run out of words

I'm down to WTF.

[keithbvadu2]

36. Kneeling on a suspect's throat for 15 or 30 seconds to calm down a struggling suspect can be underst

Kneeling on a suspect's throat for 15 or 30 seconds to calm down a struggling suspect can be understandable. 7 or 9 minutes is way beyond reason.

Then it has become deliberate.

[progree]

37. Especially during the 4 or so minutes after he became unconscious n/t