May 29, 20206 yr This is the definition of 3rd Degree Murder in Minnesota: (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. Looks like a charge that should lead to conviction.
May 29, 20206 yr Author Looks like a charge that should lead to conviction. My first thought as well.
May 29, 20206 yr Looks like a charge that should lead to conviction. I agree, that looks like a home run conviction.
May 29, 20206 yr Good. He deserves the maximum sentence in my opinion. What he did was horrible and cruel. My guess is federal charges will follow at the very least for him, maybe all 4 officers.
May 29, 20206 yr Do you have the definitions of 1st & 2nd? First Degree Murder: (a) Whoever does any of the following is guilty of murder in the first degree and shall be sentenced to imprisonment for life: (1) causes the death of a human being with premeditation and with intent to effect the death of the person or of another; (2) causes the death of a human being while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the person or another; (3) causes the death of a human being with intent to effect the death of the person or another, while committing or attempting to commit burglary, aggravated robbery, kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a witness in the first degree, escape from custody, or any felony violation of chapter 152 involving the unlawful sale of a controlled substance; (4) causes the death of a peace officer, prosecuting attorney, judge, or a guard employed at a Minnesota state or local correctional facility, with intent to effect the death of that person or another, while the person is engaged in the performance of official duties; (5) causes the death of a minor while committing child abuse, when the perpetrator has engaged in a past pattern of child abuse upon a child and the death occurs under circumstances manifesting an extreme indifference to human life; (6) causes the death of a human being while committing domestic abuse, when the perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another family or household member and the death occurs under circumstances manifesting an extreme indifference to human life; or (7) causes the death of a human being while committing, conspiring to commit, or attempting to commit a felony crime to further terrorism and the death occurs under circumstances manifesting an extreme indifference to human life. Second Degree Murder: Subdivision 1.Intentional murder; drive-by shootings. Whoever does either of the following is guilty of 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 with intent to effect the death of that person or another, but without premeditation; or (2) causes the death of a human being while committing or attempting to commit a drive-by shooting in violation of section 609.66, subdivision 1e, under circumstances other than those described in section 609.185, paragraph (a), clause (3). §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.
May 29, 20206 yr Author First Degree Murder: (a) Whoever does any of the following is guilty of murder in the first degree and shall be sentenced to imprisonment for life: (1) causes the death of a human being with premeditation and with intent to effect the death of the person or of another; (2) causes the death of a human being while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the person or another; (3) causes the death of a human being with intent to effect the death of the person or another, while committing or attempting to commit burglary, aggravated robbery, kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a witness in the first degree, escape from custody, or any felony violation of chapter 152 involving the unlawful sale of a controlled substance; (4) causes the death of a peace officer, prosecuting attorney, judge, or a guard employed at a Minnesota state or local correctional facility, with intent to effect the death of that person or another, while the person is engaged in the performance of official duties; (5) causes the death of a minor while committing child abuse, when the perpetrator has engaged in a past pattern of child abuse upon a child and the death occurs under circumstances manifesting an extreme indifference to human life; (6) causes the death of a human being while committing domestic abuse, when the perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another family or household member and the death occurs under circumstances manifesting an extreme indifference to human life; or (7) causes the death of a human being while committing, conspiring to commit, or attempting to commit a felony crime to further terrorism and the death occurs under circumstances manifesting an extreme indifference to human life. Second Degree Murder: Subdivision 1.Intentional murder; drive-by shootings. Whoever does either of the following is guilty of 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 with intent to effect the death of that person or another, but without premeditation; or (2) causes the death of a human being while committing or attempting to commit a drive-by shooting in violation of section 609.66, subdivision 1e, under circumstances other than those described in section 609.185, paragraph (a), clause (3). §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. Thank you. :thumb: First degree would be impossible. Second would have a better chance to get a conviction. Third seems like a home run, as Guru said. In short, he needs to do a lengthy amount of time. I'd rather see him get 20 years in third degree than be found not guilty of second degree.
May 29, 20206 yr What is The Minnesota Bureau of Criminal Apprehension? Article I read stated that they & the FBI were both investigating the case. Apparently Minnesota has a statewide agency that is designed to assist law enforcement all over the state with a variety of matters. I just looked it up and didn't learn a ton, but state government apparently likes having it around for the flexibility of quickly shifting resources to investigations and projects that need it. The BCA is a statewide organization that gets involved in more serious public safety matters or investigates more serious level crimes. In short, it is a higher level of policing than local forces. Actually a solid system to help offset some of the good-ole boy network.
May 29, 20206 yr I could make an argument for 1st or 2nd Degree based on those qualifications. Also, there is zero chance he serves a full term for any charge he gets.
May 29, 20206 yr Author I could make an argument for 1st or 2nd Degree based on those qualifications. Premeditation would be incredibly difficult to prove IMO.
May 29, 20206 yr Author Actually a solid system to help offset some of the good-ole boy network. I wondered if it might be something like this.
May 29, 20206 yr Premeditation would be incredibly difficult to prove IMO. You don't need premeditation for 1st Degree per this: (7) causes the death of a human being while committing, conspiring to commit, or attempting to commit a felony crime to further terrorism and the death occurs under circumstances manifesting an extreme indifference to human life. The challenge would be convincing a jury that what he did was considered terrorism. In that regard, you're right, it would likely be impossible.
May 29, 20206 yr Author Premeditation would be incredibly difficult to prove IMO. The video evidence of Mr. Floyd & other bystanders pleading with the officer to relent should be enough for second degree. Should.
May 29, 20206 yr I wondered if it might be something like this. That is part of it, but also know that Minnesota is comprised of 800+ cities. Not all, but a solid amount have their own police forces. The BCA can help out these agencies with higher level investigations and resources a local agency wouldn't have access to. All States may have some iteration of this, Minnesota's system is much more formalized.
May 29, 20206 yr Author You don't need premeditation for 1st Degree per this: (7) causes the death of a human being while committing, conspiring to commit, or attempting to commit a felony crime to further terrorism and the death occurs under circumstances manifesting an extreme indifference to human life. The challenge would be convincing a jury that what he did was considered terrorism. In that regard, you're right, it would likely be impossible. At worst, the officer was attempting to further terrorism. At best, he's on a power trip & was out of control. I think the terrorism argument is really, really difficult to prove. I wouldn't want to have to prove it.
May 29, 20206 yr At worst, the officer was attempting to further terrorism. At best, he's on a power trip & was out of control. I think the terrorism argument is really, really difficult to prove. I wouldn't want to have to prove it. I think we would need to know Minnesota's legal definition of terrorism first. I'd say that would be very difficult to prove in court.
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