MN - George Floyd / Derek Chauvin homicide trial - Interim Poll

Based on trial evidence so far, what do you think a verdict will be?

  • Guilty of 2nd degree unintentional murder

    Votes: 32 34.8%
  • Guilty of 3rd degree murder 'evincing a depraved mind'

    Votes: 21 22.8%
  • Guilty of 2nd degree manslaughter

    Votes: 30 32.6%
  • Not Guilty of any of the above

    Votes: 9 9.8%

  • Total voters
    92
  • Poll closed .
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dixiegirl1035

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Info on charges and sentences shown in link of above post.

Added, as MANY MANY just say guilty, and do not differ charges nor understand differentiation MOO. So below... and of course, much hinges on jury instruction which prosecution has submitted to change the wording of.

MOO


From media thread... MN - George Floyd, 46, Minneapolis, 25 May 2020 **Media & Timeline - NO DISCUSSION
POTENTIAL CHARGE GUIDELINES

609.19 MURDER IN THE SECOND DEGREE.
Subdivision 1.Intentional murder
RSBM not relevant
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.revisor.mn.gov/statutes/cite/609.19

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.

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



STATE’S AMENDED PROPOSED JURY INSTRUCTION REGARDING THIRD-DEGREE MURDER

https://www.mncourts.gov/mncourtsgo...20-12646/ProposedJuryInstructions04012021.pdf

part of above

"The State hereby amends its proposed jury instruction regarding third-degree murder in light of the Minnesota Supreme Court’s decision on March 31, 2021 in State v. Coleman, No. A19-0708, __ N.W.2d __, 2021 WL 1201738 (Minn. Mar. 31, 2021). "
" It indicated that “[o]ne way to accurately state the law in a jury instruction” regarding third-degree murder “could be to use the phrase ‘but it must have been committed withan indifference to the loss of human life that the eminently dangerous act could cause.” Id. (emphasis in original). "

That approach, the Court explained, “would eliminate the unnecessary and confusing ‘reckless or wanton’ language, and removes the ‘with the knowledge that someone may be killed’ language that we have held materially misstates the required mental state.”

State remedy in the attached is

 
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branmuffin

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I'm going with 3rd degree murder. Much of DC's behavior reflect an indifference to the victim. Even when the EMT's arrived he had to be told to get off GF's body. Part of me wonders whether it was all theatre in an effort to hide the fact that he knew GF was unconscious at the very least or, at worse, dead. He was playing to that mob. He was already in CYA mode. He never told the EMTs how long he'd been on his neck or his commanding officer.
 

MadMcGoo

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I went with manslaughter. It’s hard for me to see Chauvin as cocky. I was told number times I was the same, but it was only because I had to overcompensate for being the polar opposite. I’d need to see/know more about him to be convinced he took any pleasure in what he was doing.
 

mickey2942

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I went with manslaughter. It’s hard for me to see Chauvin as cocky. I was told number times I was the same, but it was only because I had to overcompensate for being the polar opposite. I’d need to see/know more about him to be convinced he took any pleasure in what he was doing.

I don't think that he meant to actually kill GF. I believe that he did this as a dominance move, to completely subdue and subjugate his prisoners. It seems to be a sick, unnecessary move, INMO.
 

Chelseab

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Interesting to see poll results here differ from other polls I’ve seen on social media (Twitter, Reddit). I was shocked to see two other polls this weekend where the overwhelming majority votes for “not guilty”

ETA: a word
 

wasnt_me

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Interesting to see poll results here differ from other polls I’ve seen on social media (Twitter, Reddit). I was shocked to see two other polls this weekend where the overwhelming majority votes for “not guilty”

ETA: a word

I wonder what the ratio is of people actually watching the trial who are answering polls on social media.
 

BayouBelle_LA

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It would really be something if he is found guilty of manslaughter when he was willing to plead guilty to 3rd degree murder.
 

Tippy Lynn

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Second-degree manslaughter

I have reasonable doubt as to if DC had a depraved heart or mind. Mostly in regards to his training. I think he possibly thought he was doing his job as he was trained to do.
 

MsBetsy

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Second-degree manslaughter

I have reasonable doubt as to if DC had a depraved heart or mind. Mostly in regards to his training. I think he possibly thought he was doing his job as he was trained to do.
If he thought he was doing what he was trained to do then he must have missed a lot of training. Starting with crisis intervention.
 

dixiegirl1035

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I did my vote, noting that it is preliminary prior to instructions to the jury. I would vote guilty for TWO charges at this time perhaps (as jurors can vote guilty or not guilty on all 3, working their way up from the bottom charge). As the poll only allows me to vote for one, I did the highest charge.

He was indeed trained to put minimally in the recovery position, as he won recognition for doing such in the recent past. I am REALLY surprised that the state didn't bring that in.

All bets are off though depending on the juror instructions! If the verbiage isn't right on the middle one especially. MOO
 

wasnt_me

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I did my vote, noting that it is preliminary prior to instructions to the jury. I would vote guilty for TWO charges at this time perhaps (as jurors can vote guilty or not guilty on all 3, working their way up from the bottom charge). As the poll only allows me to vote for one, I did the highest charge.

He was indeed trained to put minimally in the recovery position, as he won recognition for doing such in the recent past. I am REALLY surprised that the state didn't bring that in.

All bets are off though depending on the juror instructions! If the verbiage isn't right on the middle one especially. MOO

I find that he's guilty of more than one charge also, but I voted for the lowest charge.
 
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