MN - George Floyd, 46, unarmed, killed in police custody, Minneapolis, 25 May 2020 *arrests* #2

[tresir2012]

The other officers should have their own trials, and get as far away from Chauvin as possible. That would be my strategy.

I don't know what to think of this case. What would be a reasonable settlement offer for the other officers? Is it better for them to settle or keep this case going on and on?

The civil lawsuit against the Minneapolis PD is going to be a blank check. May as well un fund the police department there, this payout is going to be similar to the payout for Justine Damond.

If they are un funded now, how could they be sued if they have no funds? Or would the state be sued instead?

I think a good lawyer would get the two rookies off if the body cams reveal they were following Chauvin's instructions.

 

[RAISINISBACK]

Yes, by that time he could barely get the words out. His last words were out of desperation and terror that he was about to die, imo. After he said "mama," then "please," he no longer had a pulse, but they continued to put pressure on his back and kneel on his neck for nearly three minutes after he was dead.

They never once showed any concern. No one tried to save him until he was already in the ambulance after it was too late. Paramedics were only told that he had "trauma to his mouth," so they weren't given the correct information and weren't fully prepared at first.

At the first of one of the videos as he was being held down (don't remember which one since I have seen many so I do not have a link) GF also says "Oh Lord I am going to die on this day". If anyone has a link to that video and feels like posting it I would appreciate it. TIA

 

[RAISINISBACK]

If it's true what the store clerk said, he was given the chance to return the merchandise but refused. I wonder what the store owner would have done differently? I notice his store did not seem to be damaged and he had BLM signs and a memorial up outside the store in a recent photo.

BBM

Maybe have just taken down GF's information then kept the bill along with GF's info in a plastic bag and turned it over to an identified Secret Service agent like he was supposed to?

JMO

 

[Sillybilly]

Well it does look like that but how would that be proved? She would be entitled to her half of the pension and assets anyway wouldn't she? She is a victim in this too IMO.
Presumably also we cannot sleuth her.

No we can't sleuth her. We are discussing and speculating what is contained in MSM and that is allowed.

It's actually about the lawsuit against him. It's about whether the courts would consider a transfer of any assets currently held by him to constitute an intent to shield his assets by signing some over to her in any fashion. They were not living separate and apart at the time of GF's killing and to our knowledge there was no existing separation agreement. Whether the couple discussed it during the 3 days after GF's death, and considering the chronology of the divorce filing in relation to GF's death, I think intent is something the courts may have to consider. IMO, the specific law that could apply would be MUFTA (Minnesota's Uniform Fraudulent Transfer Act) that stipulates conveyances cannot be made "to prevent defendants from divesting themselves of assets while claims are pending, or in anticipation of future claims".

I'm not trying to besmirch Chauvin's wife. I'm looking at potentials based on what is in MSM and thinking back to some Canadian cases (Russ Williams and Dellen Millard) where assets were transferred out subsequent to charges having been laid but the courts froze the assets (iirc, under Canada's Fraudulent Conveyances Act) while other legal matters were pending. In Chauvin's case, the wife filed for the divorce 1 day prior to charges being laid against him).

 

[MsBetsy]

BBM

We don't have any proof of them beating on him in the car but...….. LE did call an ambulance stating he had a mouth injury and...… bystanders commented that he had blood running from his nose.

JMO

Yes, I couldn't remember whether they said he had blood coming from his mouth, ears or nose but I was thinking it may have been the result of an injury before he was restrained and lying on the ground.

I would still like to know whether Chauvin and Thao had their body cams turned on.

 

[Sillybilly]

If you really feel the need to know what type of criminal record he had take a look at the Texas online court records.

Unless someone can show cause and affect, i.e. how his criminal past resulting in his last charge in August 2007, or his toxicology results upon autopsy in 2020, resulted in and is somehow related to or justifies his killing at the hands of LE, how does any of that make him any less a victim?

ETA: Corrected again to August 9 2007

 

[RAISINISBACK]

I'm wondering if the courts will put a freeze on the divorce proceedings if it can be determined that she immediately filed in order to try to protect her share of the assets from lawsuits.

I think they will if they find out that is why she immediately filed for divorce.

That filing for a divorce the very next day has always sounded a little convenient to me. Like maybe as he knew he was being arrested he told her "Get down there and file for a divorce because I know the family will file a civil suit against me and if you file for a divorce they can't get your half."

Depends also I think on whether MN is a community property state where the spouse gets half of any assets acquired during the marriage.

JMO

 

[RAISINISBACK]

Which is what was reported. VAWA can be completely sealed. It is unlikely that Floyd's family can sue her. She has severed her relationship with Chauvin and was entitled to whatever financial settlement amount was allowed. Probably a half portion of his pension is going to be the most valuable.

Floyd's family can definitely attach Chauvin's pension benefits, and other assets. But, the lion's share is going to be from the City of Minneapolis. For reference, in the Damond case, the settlement amount was $20 million.
$2M Of Justine Ruszczyk Damond Settlement Will Go To Safe Communities Fund

I just think it was very convenient she filed after DC killed GF and knew he was going to be arrested. I think DC told her to do it so the Floyd family couldn't touch her half in a civil suit.

If a judge finds out that is what happened he might rule her half is fair game also.

JMO

 

[sds71]

At the first of one of the videos as he was being held down (don't remember which one since I have seen many so I do not have a link) GF also says "Oh Lord I am going to die on this day". If anyone has a link to that video and feels like posting it I would appreciate it. TIA

I think it’s video 3
Three videos show the final moments of George Floyd's life - CNN

 

[Tippy Lynn]

Unless someone can show cause and affect, i.e. how his criminal past resulting in his last charge in November 2007, or his toxicology results upon autopsy in 2020, resulted in and is somehow related to or justifies his killing at the hands of LE, how does any of that make him any less a victim?

ETA: Corrected February 2007 to November 2007

GF’s criminal past or chemical use doesn’t justify his death or make him less of a victim. I don’t think anyone in here has said such a thing.

 

[Sillybilly]

I think they will if they find out that is why she immediately filed for divorce.

That filing for a divorce the very next day has always sounded a little convenient to me. Like maybe as he knew he was being arrested he told her "Get down there and file for a divorce because I know the family will file a civil suit against me and if you file for a divorce they can't get your half."

Depends also I think on whether MN is a community property state where the spouse gets half of any assets acquired during the marriage.

JMO

Probably an over-simplication here, but judges don't need proof as much as they can simply make a determination based on their knowledge of circumstances and chronology whether or not there was "intent" on either party's behalf.

As at 2020, Minnesota is not shown to be one of the community property states, and

"in Minnesota it is entirely possible for one spouse to be awarded more than half of the marital property if the circumstances justify such a result."

 

[JerseyGirl]

Justine Damond, another victim I am just hearing about and looked up, thank you Mickey2942. I can't remember the man's name but just recently heard of a him being shot 41 times in N.Y. in February 1999. His name is Amadou Diallo.

MN - Justine Damond, 40, fatally shot by Minneapolis LE, 15 July 2017 #1

Shooting of Amadou Diallo - Wikipedia

 

[RAISINISBACK]

I think it’s video 3
Three videos show the final moments of George Floyd's life - CNN

Thank you so much.

 

[KR72]

I just think it was very convenient she filed after DC killed GF and knew he was going to be arrested. I think DC told her to do it so the Floyd family couldn't touch her half in a civil suit.

If a judge finds out that is what happened he might rule her half is fair game also.

JMO

It wouldn't surprise me if they (DC and his now ex) worked out the details of this in the days before he was arrested.

 

[RAISINISBACK]

Probably an over-simplication here, but judges don't need proof as much as they can simply make a determination based on their knowledge of circumstances and chronology whether or not there was "intent" on either party's behalf.

As at 2020, Minnesota is not shown to be one of the community property states, and

"in Minnesota it is entirely possible for one spouse to be awarded more than half of the marital property if the circumstances justify such a result."

I agree with you. She didn't ask for spousal support if I recall correctly, but we don't have his side of that filing either. If MN is not a community state then it is entirely possible he could tell his divorce attorney "Give her everything we own."

If the judge determines that is what went on it is possible he could rule everything she gets from the divorce as fair game in a civil suit.

JMO

 

[tresir2012]

No we can't sleuth her. We are discussing and speculating what is contained in MSM and that is allowed.

It's actually about the lawsuit against him. It's about whether the courts would consider a transfer of any assets currently held by him to constitute an intent to shield his assets by signing some over to her in any fashion. They were not living separate and apart at the time of GF's killing and to our knowledge there was no existing separation agreement. Whether the couple discussed it during the 3 days after GF's death, and considering the chronology of the divorce filing in relation to GF's death, I think intent is something the courts may have to consider. IMO, the specific law that could apply would be MUFTA (Minnesota's Uniform Fraudulent Transfer Act) that stipulates conveyances cannot be made "to prevent defendants from divesting themselves of assets while claims are pending, or in anticipation of future claims".

I'm not trying to besmirch Chauvin's wife. I'm looking at potentials based on what is in MSM and thinking back to some Canadian cases (Russ Williams and Dellen Millard) where assets were transferred out subsequent to charges having been laid but the courts froze the assets (iirc, under Canada's Fraudulent Conveyances Act) while other legal matters were pending. In Chauvin's case, the wife filed for the divorce 1 day prior to charges being laid against him).

Presumably the property assets are jointly owned so 50% would legally be hers, if they jointly purchased them. Also, would filing for divorce one day before the charges make aany difference I wonder? If Chauvin claims he was using an allowed restraint, the Police Department could be liable for not outlawing that procedure. French police are currently protesting to be allowed to keep choke holes in their arsenal. MOO.

 

[Rocco]

She didn't claim domestic violence. She filed May 28, 3 days after George Floyd was killed, and the the day before Chauvin was charged, and cited an "irretrievable breakdown of the marriage" that was beyond saving.

Seems to me that all assets that Chauvin had on the day he murdered Floyd, should be up for consideration for the Floyd family then in a civil suit. If she's claiming 'irretrievable breakdown of the marriage', then the divorce isn't even finalized yet---right?

ETA: I found the court record. Hope it's ok to post it, if not, please delete.
So I'll answer my own question. The only thing that has happened is that the case has been filed.

OTHER EVENTS AND HEARINGS
05/31/2020 Case Filed
05/31/2020 Petition for Dissolution of Marriage Index # 1
05/31/2020 Summons Index # 2
05/31/2020 Certificate of Representation Index # 3
05/31/2020 Schedule Court Trial
06/03/2020 Notice of Case Filing and Assignment Index # 4 (Judicial Officer: Freeman, Juanita C. )
06/04/2020 Admission of Service Index # 5

 

[tresir2012]

Unless someone can show cause and affect, i.e. how his criminal past resulting in his last charge in November 2007, or his toxicology results upon autopsy in 2020, resulted in and is somehow related to or justifies his killing at the hands of LE, how does any of that make him any less a victim?

ETA: Corrected February 2007 to November 2007

It is in MSM so I thought we could discuss his criminal record, Like we are discussing Chauvin's wife (also a victim) divorce settlement, I thought. Are you saying we cannot discuss it? I would rather know for sure, then I won't bother to post links when members ask about it. The MSM I posted says he was getting his life back together. However, the autopsy reveals he had meth and fentanyl in his body. He had also tested positive
for Coronavirus so was possibly not a well man at all that day when he was pinned to the ground.

 

[tresir2012]

Floyd family will seek civil lawsuit against Chauvin, other 3 officers

The murder charges against the four police officers involved in George Floyd's death present rare instances of officers being held legally responsible for their actions. Now state lawmakers around the country want to make it easier to do.

In the days since protests rocked cities across the U.S., lawmakers and other elected officials have introduced proposals to take such charging decisions away from local prosecutors, eliminate officers' wide immunity from lawsuits and make the relationship between prosecutors and police less cozy.

Police fatally shoot about 1,000 people each year across the country, according to a Washington Post database. Since the beginning of 2005, 110 non-federal law enforcement officers have been arrested on murder or manslaughter charges resulting from on-duty shootings. Five were convicted of murder and 22 of manslaughter, said Philip Stinson, a criminal justice professor at Bowling Green State University who maintains a database of cases.

"When there is a fatal shooting by a police officer ... investigators seem to start with the assumption that the shooting by the officer was legally justified," said Stinson, a former officer. "As a result, the investigations are often incomplete and inadequate, making it difficult for prosecutors to successfully prosecute."

Initiatives introduced in several states would put the state attorney general's office in charge of investigating and, if warranted, prosecuting officers accused of wrongdoing.

A lot more at the link.

 

[Nadi]

If they are un funded now, how could they be sued if they have no funds? Or would the state be sued instead?

I think a good lawyer would get the two rookies off if the body cams reveal they were following Chauvin's instructions.

If a doctor or nurse assisting in a surgery thinks a surgeon is drunk and they don’t stop the surgery and the patient dies as a result of the surgeon’s malpractice and criminal actions would they not be held partly responsible and disciplined accordingly? Would they get a pass because they were just following orders?