MN - George Floyd, 46, died in police custody, Minneapolis, 25 May 2020 #7 - Chauvin Trial Day 4

[dixiegirl1035]

oh oh oh I hope you didn't take it as a critique! I appreciate that I was able to go back to that and have a look to help to understand these times.

I am going to try to find the time to line some of them up with body cams on the weekend, just for my own mind!

Thanks again!

Oh gosh no! Thank YOU. I *REALLY* do appreciate discussions/corrections AND critiques etc. We are all here to discuss and each and every one has so many different viewpoints for others to consider if they are open to such.

So many that went before now helped others with timelines etc. This will be my first attempt as most get burned out on ever doing it again lol. I like it when folks catch stuff and call out mistakes. No thin skin here! I've got physical notes etc from every day to update. If you have additions, so not to clog threads, send me any or post and we'll meld them.

 

[Tippy Lynn]

Hmmm, part b is interesting also IMO. Sitting on hands...

5th amendment?

 

[dixiegirl1035]

Hmmm, part b is interesting also IMO. Sitting on hands...

I might reply to this post, but think it's better that I just plead the 5th

 

[dixiegirl1035]

ok.. see y'all in the am! I'm off to continue to read Lane's affidavit https://kstp.com/kstpImages/repository/cs/files/Floyd Transcript 1.pdf or just chill with mindless tv.

What I learned today that I didn't know before from the part of Lanes affidavit is that he was the same height as GF. Six feet seven inches tall!!!!! Who knew!!! I was shocked.

 

[RANCH]

Hmmm, part b is interesting also IMO. Sitting on hands...

Chauvin is charged with 609.195 (a). Part (b) is not part of his trial.

What are the charges against ex-Minneapolis police officer Derek Chauvin in the killing of George Floyd?

 

[SouthAussie]

What is 3rd-degree murder and 2nd-degree manslaughter in Minnesota? | kare11.com

Minnesota’s sentencing guidelines recommend 12 1/2 years for a conviction on the murder count and four years on the manslaughter charge.

Murder in the third degree is committed when there isn't intent or premeditation.

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," Minnesota statute says.

A person can be convicted of manslaughter in the second-degree if they can prove one of five means stated in Minnesota law.

I noticed in an article I read earlier that Chauvin can be convicted of one, some, or all of the charges.

 

[dixiegirl1035]

I noticed in an article I read earlier that Chauvin can be convicted of one, some, or all of the charges.

VERIFY: Derek Chauvin faces three charges in George Floyd's death | kare11.com

The maximum sentence in Minnesota for second degree murder is 40 years in prison, 25 years for third degree murder, and 10 years for manslaughter. But through Minnesota’s sentencing guidelines for someone with no prior conviction like Chauvin, a second and third degree murder conviction would likely carry a sentence of 12.5 years each and four years for manslaughter. If Chauvin is convicted on more than one charge, he will only serve a sentence for the most severe.

“The prosecution has indicated they’ll seek an upward departure from those guidelines,” Sampsell-Jones said. “So Judge Cahill, if Derek Chauvin is convicted, could ultimately go above those guidelines.”

OK.. I really am : offtobed: now... and remember folks, nothing good happens after midnight. Be safe.

 

[margarita25]

Noting that during cross examination, Nelsons asks Paramedic #1 about the initial call for a mouth injury- Nelson asks if there was also information that GF may have been intoxicated or impaired, to which the paramedic replies that there were “some notes about, ‘I can’t remember the exact wording’, but there was something about substance use or narcotic or substance use concern, and there was a note saying he was on top of a vehicle”.

 

[Cubby]

Image that was presented today at trial.
(I just saw this as mostly I can only listen to some of the testimonies during the day, and not actually watch)
View attachment 290968

For some reason this image spoke volumes to me, to who DC is as a person. (JMO)

context: Pleoger's body cam footage of them in hall of hospital.

Is DC clapping?

 

[dyannaON]

I just found out that the USA doesn’t have Good Friday as a holiday!
I have no idea how I didn’t know this forever.
Can’t wait to join you all tomorrow and be able to watch.

I also find it so sad that the officers from the scene went to the hospital while GF was dying/dead. creeps me out. Idk.

 

[thx4_medic_Babby]

I haven’t listened to the sgt. as of yet, but I’ve read he never even handled this case, and was only informed on details via the prosecution.

Can anyone chime in on this? Hopefully I misunderstood that before I get started watching later tonight.

 

[UKslueth2018]

I haven’t listened to the sgt. as of yet, but I’ve read he never even handled this case, and was only informed on details via the prosecution.

Can anyone chime in on this? Hopefully I misunderstood that before I get started watching later tonight.

Initially he was called to do a force review report (after 911 dispatcher call) this is standard practice when you are shift sgt.

because of the severity of the issue it was upgraded to a critical incident, which meant he did not compete the force review report

Hope that answers question

 

[Breathe]

Image of courtroom setup

Thank you very, very much. I keep seeing DC look over in that direction and wondered if he was looking at the jury. Thank you again!

 

[turaj]

Per the testimony this afternoon, the MPD supervisor was handed a piece of paper from Officer Lane with Shwanda Hill's name on it, and a MN ID card with the name of William Smythe. Did Maurice or Morrise hand the LE a fake ID? Is William Smythe aka as Maurice? Or aka Morrise? It struck me as odd, coming so late in this guys testimony to have both "items'' brought up today

pretty sure that Hall (Maurice and Morris) are one and the same with a fake ID William Smythe.

 

[thx4_medic_Babby]

Initially he was called to do a force review report (after 911 dispatcher call) this is standard practice when you are shift sgt.

because of the severity of the issue it was upgraded to a critical incident, which meant he did not compete the force review report

Hope that answers question

Thank you for this. I think I’m even more confused then. So, were questions asked towards him purely hypothetical and/or judgement calls?

 

[UKslueth2018]

pretty sure that Hall (Maurice and Morris) are one and the same with a fake ID William Smythe.

Thank you.. I asked that question earlier.. It was random and I didn’t clock that it could be car passengers id!!

 

[UKslueth2018]

Thank you for this. I think I’m even more confused then. So, were questions asked towards him purely hypothetical and/or judgement calls?

They reviewed the MPD policy on force, including rendering aid and questions came from that and what would have happened had the incident not have turned out way it did.. I did do a bunch of updates when he was on stand but you will see it for self. He was very credible and got good answers in on both state recross

Edit to add that there was a lot of Both sides asking lots of questions to set up important stuff. Nelson did a lot of that!

 

[shotgun09]

Thank you.. I asked that question earlier.. It was random and I didn’t clock that it could be car passengers id!!

I also think that this "door was opened" unwittingly by today's witness, and Nelson pounced on it. The mysterious runaway to Texas car passenger/dealer who is more than likely pleading the 5th as a state's witness, now has his credibility damaged today

 

[UKslueth2018]

I also think that this "door was opened" unwittingly by today's witness, and Nelson pounced on it. The mysterious runaway to Texas car passenger/dealer who is more than likely pleading the 5th as a state's witness, now has his credibility damaged today

I think it was intimated earlier that the “passenger” has a long rap sheet, so not convinced he would have been credible jmo

ETA: however shady he may be i can’t see how him giving GF bills or pills would help them defending suspect but who knows!

 

[In vino veritas]

https://www.revisor.mn.gov/statutes/cite/609.195

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.

(b) Whoever, without intent to cause death, proximately causes the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule I or II, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $40,000, or both.

https://www.revisor.mn.gov/statutes/cite/609.205

609.205 MANSLAUGHTER IN THE SECOND DEGREE.
A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:

(1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or

(2) by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or

(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or

(4) by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner's premises, or negligently failing to keep it properly confined; or

(5) by committing or attempting to commit a violation of section 609.378 (neglect or endangerment of a child), and murder in the first, second, or third degree is not committed thereby.

If proven by a preponderance of the evidence, it shall be an affirmative defense to criminal liability under clause (4) that the victim provoked the animal to cause the victim's death.

To my very untrained legal eye, 2nd degree manslaughter seems like a slam dunk conviction. Not sure at all on the 3rd degree murder charge.
Based on the findings in the autopsy report, indicating no external or internal damage to the neck , I think murder charges will be hard to prove beyond reasonable doubt.

The lack or rendered medical aid and the prolonged restraint , however, show negligence beyond a doubt.

These are only my opinions and there is still more to come in this trial.