June 4, 20206 yr It sounded like he upgraded to replace the third degree charge when I was watching the press conference, but he did not make that specifically clear either. Thanks. I didn't know if the term "upgraded" perhaps had a double meaning when it comes to lawyer speak.
June 4, 20206 yr Okay, after doing a little research, I've found this... Minneapolis Police Officer Mohamed Noor was found guilty on third degree murder and manslaughter charges in May 2019. Noor was the one who shot and killed Justine Diamond, an unarmed Australian woman living in Minneapolis who was fatally shot after calling 911 to report a possible sexual assault. Noor was sentenced to serve 12 1/2 years in prison. Noor with second degree murder, but the jury acquitted him on that account. The guidelines recommend 12 1/2 years for unintentional second degree murder, but go up to 25 1/2 for intentional second degree murder. So, it sounds like it is possible to have second-degree murder, third-degree murder and manslaughter charges all up for grabs when it goes to trial in Minnesota. What I'm still unsure of in the Floyd case is, were the charges to include second-degree murder (along with third degree)...or were the charges upgraded to replace third degree with second-degree? I agree with MJ on this, there is a risk/reward for doing it either way. Agreed on risk. If they don't charge both and fail at convicting on 2nd, it's over unless there are federal charges. Did Noor get charged federally?
June 4, 20206 yr Agreed on risk. If they don't charge both and fail at convicting on 2nd, it's over unless there are federal charges. Did Noor get charged federally? It doesn't seem like he was charged federally. Everything that I saw/quoted was from Hennepin County. But, in my search, it appears it's not uncommon for it to take 4-8 months for federal charges to be filed. So, we've got a long time before that window.
June 4, 20206 yr It doesn't seem like he was charged federally. Everything that I saw/quoted was from Hennepin County. But, in my search, it appears it's not uncommon for it to take 4-8 months for federal charges to be filed. So, we've got a long time before that window. Yeah, I wasn't expecting that to happen soon. Would be interesting if they didn't charge Noor but do charge these 4 officers.
June 5, 20206 yr I read today that two of the former officers involved were in their first week of training as police officers. No details on if it was their first week with Minneapolis PD or in general but it seemed like they were fresh out of the academy. I've read articles stating that atleast one or both questioned keeping Floyd where he was(due to health concerns) and Chauvin said they weren't moving and they had Floyd how he needed to be.
June 5, 20206 yr I read today that two of the former officers involved were in their first week of training as police officers. No details on if it was their first week with Minneapolis PD or in general but it seemed like they were fresh out of the academy. I've read articles stating that atleast one or both questioned keeping Floyd where he was(due to health concerns) and Chauvin said they weren't moving and they had Floyd how he needed to be. They couldn’t have had a worse trainer.
June 5, 20206 yr I read today that two of the former officers involved were in their first week of training as police officers. No details on if it was their first week with Minneapolis PD or in general but it seemed like they were fresh out of the academy. I've read articles stating that atleast one or both questioned keeping Floyd where he was(due to health concerns) and Chauvin said they weren't moving and they had Floyd how he needed to be. They couldn’t have had a worse trainer. I was telling a friend I thought the other three officers may have been very inexperienced and maybe even afraid of Chauvin based on experience but that also tells me the 4th former officer should be a field training officer and he failed miserably.
June 5, 20206 yr I was telling a friend I thought the other three officers may have been very inexperienced and maybe even afraid of Chauvin based on experience but that also tells me the 4th former officer should be a field training officer and he failed miserably. The new cops should have done something, that’s even with 20/20 hindsight. It sounds like someone did suggest rolling him over. Could the 2 rookies have any legal grounds against Chauvin?
June 6, 20206 yr The new cops should have done something, that’s even with 20/20 hindsight. It sounds like someone did suggest rolling him over. Could the 2 rookies have any legal grounds against Chauvin? I don't know about against him. But their defense attorneys are definitely going to spend some time on it.
June 9, 20206 yr I am not looking forward to Chauvin trial. Hopefully he will take a plea if they offer him one. Can’t imagine what will happen in this country if he goes to trial and is found not guilty. As far as two of the officers are concerned, I do have some sympathy for them. They were reportedly brand new. Granted they absolutely should have done something. They were new, unsure of themselves and allowed themselves to be bullied by someone they were trying to please. Some who who had no business training new officers. Not saying they weren’t wrong, because common sense should have told them he was in trouble. It is a shame that the fourth officer who tried to shield the incident from cameras didn’t take the time to look at Mr. Floyd instead to see he was dying. Three officers too intimidated to stop one is very sad.
June 9, 20206 yr I am not looking forward to Chauvin trial. Hopefully he will take a plea if they offer him one. Can’t imagine what will happen in this country if he goes to trial and is found not guilty. As far as two of the officers are concerned, I do have some sympathy for them. They were reportedly brand new. Granted they absolutely should have done something. They were new, unsure of themselves and allowed themselves to be bullied by someone they were trying to please. Some who who had no business training new officers. Not saying they weren’t wrong, because common sense should have told them he was in trouble. It is a shame that the fourth officer who tried to shield the incident from cameras didn’t take the time to look at Mr. Floyd instead to see he was dying. Three officers too intimidated to stop one is very sad. He’s going to jail, I also agree about the rookies, what a tough position to be in. It’s essentially a private trying to correct a staff sergeant, even though it was 100% what they should have done. From what I heard someone at the scene suggested “rolling him over.” I think we will see a lot of changes in what’s left of the police going forward. Officers will speak up now.
June 10, 20206 yr Just saw a story that said Chauvin and Floyd actually worked at the same club for a period of time, and knew each other "pretty well". A coworker claims the two "clashed" while they worked together. If there is enough evidence/corroboration of this before the confrontation that led to Floyd's death...I'm really wondering if there's not the possibility that charges won't be upgraded to first degree murder at some point. For our lawyers out there, is having a contentious past history with the victim a way to prove "intent"?
June 10, 20206 yr Just saw a story that said Chauvin and Floyd actually worked at the same club for a period of time, and knew each other "pretty well". A coworker claims the two "clashed" while they worked together. If there is enough evidence/corroboration of this before the confrontation that led to Floyd's death...I'm really wondering if there's not the possibility that charges won't be upgraded to first degree murder at some point. For our lawyers out there, is having a contentious past history with the victim a way to prove "intent"? I think it would be a longshot to prove intent, even with a documented history.
June 10, 20206 yr I think it would be a longshot to prove intent, even with a documented history. I agree. I think manslaughter or murder 3rd is the most likely charge to be convicted on. This will not be the slamdunk case that everyone thinks, if it goes to trial any outcome is possible.
June 10, 20206 yr I agree. I think manslaughter or murder 3rd is the most likely charge to be convicted on. This will not be the slamdunk case that everyone thinks, if it goes to trial any outcome is possible. I think as long as he is convicted on one of the murder charges most people will be satisfied. If he gets off on murder, look out.
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