A look at the charges Derek Chauvin will face at trial

Katrina Pross 6 days ago

https://www.msn.com/en-us/news/crime/a-look-at-the-charges-derek-chauvin-will-face-at-trial/ar-BB1ejXPw

Former Minneapolis police officer Derek Chauvin is charged with second-degree murder and second-degree manslaughter in the death of George Floyd last May.

Three other former officers, J. Alexander Kueng, Thomas Lane and Tou Thao, are expected to be tried on Aug. 23. They are all charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter.

Here is a look at the charges Chauvin faces:

SECOND-DEGREE MURDER

The most serious charge Chauvin faces is second-degree felony murder, which is unintentional murder.

“There is no claim here, at least no charge that any of the officers intended George Floyd to die,” said Richard Frase, a professor at the University of Minnesota Law School. “This is definitely an unintentional causing of death.”

For this charge under Minnesota law, the prosecution must prove beyond a reasonable doubt that Chauvin caused the death of Floyd, but while committing or attempting to commit an underlying felony, which in this case is third-degree assault.

Third-degree assault requires proof that Chauvin assaulted or attempted to assault Floyd and in doing so, Chauvin inflicted substantial bodily harm. If the prosecution can prove Chauvin committed third-degree assault when he pressed his knee to the back of Floyd’s neck, leading him to lose consciousness, he can be convicted of Floyd’s death.

“The only intent that needs to be shown is an attempt to commit the underlying felony,” Frase said. “Clearly, kneeling on somebody and forcing their face down onto the hard, scratchy pavement is some kind of bodily harm,” Frase said.

Brad Colbert, a professor at Mitchell Hamline School of Law, said the second-degree felony murder charge in Minnesota is very broad compared to other states. Many states do not allow felony assault to be a qualifying felony for second-degree felony murder, and their laws establish that it is independent from homicide.

This charge carries a maximum sentence of 40 years in prison, but Minnesota sentencing guidelines say someone with no previous criminal history, which is Chauvin’s case, should be sentenced to 25.5 years.

SECOND-DEGREE MANSLAUGHTER

For this charge under Minnesota law, the prosecution must prove beyond a reasonable doubt that Floyd’s death was caused by Chauvin’s “culpable negligence,” meaning that Chauvin’s actions created an unreasonable risk of causing death or great bodily harm.

If you’re charged with second-degree manslaughter, “you should have been aware of a risk, but you weren’t, and a reasonable person would have been aware, and that makes you negligent,” explained Frase.

Mark Osler, a professor at the University of St. Thomas School of Law, explained that in the case of second-degree manslaughter, the defendant is consciously choosing their actions, but not choosing that someone dies.

This charge is easier to prove than second-degree murder, and carries a maximum sentence of 10 years in prison, Osler said, but Minnesota sentencing guidelines say that someone with no criminal history should be sentenced to four years.

>>13197122

(cont'd)

“There’s such a huge difference between second-degree murder and secondary-manslaughter. That’s 21 years,” Osler said.

POSSIBLE THIRD-DEGREE MURDER

Attorneys in Chauvin’s case have been in a legal battle about reinstating a third-degree murder charge against Chauvin, which was dismissed by trial Judge Peter Cahill in October. Prosecutors have been trying to add the charge back on, citing a recent decision in the Mohamed Noor case as precedent, but Cahill refused. Late last week, the Court of Appeals said Cahill erred when he refused that request, and ordered Cahill to reconsider it.

Noor, a former Minneapolis police officer, was convicted of third-degree murder in the 2017 on-duty killing of Minneapolis resident Justine Ruszczyk Damond.

Third-degree murder is another type of unintentional murder and is often referred to as “depraved mind” murder.

“Third-degree murder is a recklessness standard,” said Osler.

According to Minnesota law, “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.”

Legal experts say that prosecutors likely want to add the third-degree murder charge back on to be a middle ground for jurors who are torn between convicting Chauvin of second-degree murder and second-degree manslaughter.

This sentence carries a maximum sentence of 25 years, but a sentence of 12.5 years is recommended if the defendant does not have any criminal history.

SOME LEGAL DEFINITIONS TO KNOW

For both of these charges, “beyond a reasonable doubt” is the legal burden of proof needed for a criminal conviction. The prosecution must convince the jury that there isn’t another reasonable explanation that can come from evidence presented at the trial. “To cause” means that Chauvin’s actions were a substantial factor in the victim’s, or Floyd’s, death.

“Culpable negligence” is intentional actions, but does not require Chauvin to intend for the actions to be harmful. However, an average, reasonable person would think the conduct had a high chance of causing injury.

“Great bodily harm” means that the injury has a high chance of causing death, a serious permanent disfigurement, or a permanent or long-term loss or impairment of a body part, organ or serious bodily harm.

WHAT THE PROSECUTION WILL ARGUE

Osler said the prosecution’s case will be straightforward. They will argue that Chauvin’s conduct caused Floyd’s death. They will call witnesses who were there outside of Cup Foods that day. They will call medical experts who will say that Floyd died due to his neck being compressed.

The video footage of Floyd’s death largely helps the prosecution, legal experts agree.

“It’s like stacking up blocks,” Osler said. “It’s the defense that will really need to be more creative.”

WHAT THE DEFENSE WILL ARGUE

Legal experts agree that the defense has the harder case to win for this trial.

“If you asked a lawyer what side they would rather be on in this case, they would pick the prosecution,” Osler said.

The defense is expected to argue that because Floyd had underlying health conditions and fentanyl and methamphetamine in his system when he died that he would have died anyway at that moment, regardless of Chauvin kneeling on his neck, Frase said.

Defense attorneys also could argue that Chauvin was using a neck-restraint technique, allowed at the time by the Minneapolis Police Department, that aims to cut off blood flow to the brain and cause the suspect to become unconscious so they are easier for officers to manage.

Colbert said one of the major questions that attorneys will fight over in court is whether Chauvin’s use of force was reasonable. The defense will argue that it was.

“That’s what the jury will have to determine,” Colbert said.

>>13197124

Judge reinstates 3rd-degree murder charge against Derek Chauvin in death of George Floyd

Chauvin also is facing second-degree murder and second-degree manslaughter.

ByBill Hutchinson

March 11, 2021, 3:26 PM

https://abcnews.go.com/US/judge-reinstates-3rd-degree-murder-charge-derek-chauvin/story?id=76387422

Judge reinstates 3rd-degree murder charge against Derek Chauvin in death of George Floyd - ABC News (go.com)

The judge presiding over the trial of former Minneapolis police officer Derek Chauvin in the death of George Floyd has reinstated a third-degree murder charge in the case after the Minnesota Court of Appeals ruled that the application of the count in another civilian death involving a Minneapolis police officer established precedent.

Hennepin County District Court Judge Peter Cahill, who dismissed the third-degree murder charge in October, granted the motion by prosecutors to reinstate the charge after hearing arguments from both sides of the case.

Cahill's decision hinged on a recent appellate court decision upholding a third-degree murder conviction against former Minneapolis police officer Mohamed Noor in the 2017 fatal shooting of Justine Ruszczyk Damond after she called 911 to report an assault in progress near her home.

"With regard to the state's motion to reinstate, the court is going to grant the motion," Cahill said before the third day of jury deliberations began.

Cahill said that he initially disagreed with the appellate court's decision in the Noor case.

"I denied the motion initially because of my disagreement, but not without first checking to see if I was duty-bound to follow it as precedent," Cahill said. "Now, based on the defendant's appeal, the Court of Appeals has made it very clear: Yes, I was bound from the moment the appeal was filed. And I accept that."

Chauvin, 44, also has been charged with second-degree unintentional murder and second-degree manslaughter. He has pleaded not guilty to the charges.

Prior to the Feb. 1 Appeals Court decision in the Noor case, a third-degree murder charge in Minnesota only applied if the defendant's actions endangered more than one person.

Chauvin's attorney's filed a petition asking the Supreme Court to review the appellate decision, contending it did not apply to Chauvin's case because the former officer is accused of targeting only Floyd. The petition prompted prosecutors in the case to ask the appeals court to halt jury selection, contending Cahill did not have total jurisdiction as long as Supreme Court was considering Chauvin's request.

Despite the petition from prosecutors on Monday to stay the trial, Cahill ruled that he was moving on with jury selection until the appeals court told him otherwise, which it never did.

The Supreme Court on Wednesday rejected Chauvin's petition, putting the decision on the third-degree murder count back on Cahill.

"The court of appeals has said in a precedential opinion specifying the single-person rule applies to third-degree murder. I feel bound by that and I feel it would be an abuse of discretion not to grant the motion," Cahill said.

Prior to the ruling, Chauvin's lawyer, Eric Nelson, presented an unsuccessful last-ditch argument on why he believed the third-degree murder should not be reinstated. Nelson contended that the Noor case was procedurally and factually different than the Chauvin case.

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(contd)

"If you look at the facts of Noor, it's a Minneapolis police officer. This is a case involving a former Minneapolis police officer and that's about where the similarities end," Nelson said.

He said Noor was inside a patrol car with his partner and fired a gun across his partner's chest at a silhouette outside the vehicle that turned out to be Ruszczyk Damond, an "inherently dangerous" action that jeopardized anyone in the line of fire, including a bicyclist who was riding by at the time. He cited other cases to support his argument, saying they all include some form of instrumentality, whether it be a gun or a vehicle used to run someone over.

"Factually, there is no instrumentality here other than arguably Mr. Chauvin's knee," Nelson said.

He argued the cases are also procedurally different because Noor's appeal was filed after his conviction, and the Chauvin case is still in a pre-trial phase.

The prosecution's key evidence in the case against Chauvin is a bystander video of the May 25 arrest in which Chauvin, who is white, is seen kneeling on the back of Floyd's neck for more than nine minutes as the handcuffed and prone Black man repeatedly cried out, "I can't breathe."

Attorneys Ben Crump and Antonio Romanucci, who represent the Floyd family, applauded Cahill's decision.

"We're gratified that the judge cleared the way for the trial to proceed and for Chauvin to face this additional charge," Crump and Romanucci said in a statement. "The trial is very painful and the family needs closure. We're pleased that all judicial avenues are being explored and that the trial will move forward."

The circumstances of Floyd's death prompted weeks of protests in Minneapolis and across the nation, some of which were accompanied by violent clashes against police, looting and vandalism of businesses.

Like many people across the country, President Joe Biden is closely monitoring the Chauvin trial, White House press secretary Jen Psaki said on Thursday. She said Biden has no intention of weighing in on the criminal case, but added the president has previously spoken about racial justice and his support of police reform.

"He's watching it closely, as are many members of the administration," Psaki said.

Chauvin is being tried separately from three other former officers involved in Floyd's death. J. Alexander Kueng, Thomas Lane and Tou Thao are charged with aiding and abetting second-degree murder and manslaughter and are scheduled to go on trial in August. All three have pleaded not guilty to the charges.

After the issue of the third-degree murder was settled, jury selection resumed, with the sixth juror seated on Thursday.

The latest member added to the panel is a man who works as a route driver, who described himself as Real Madrid soccer fan who enjoys true crime podcasts. He said it was "mind-blowing" to receive a jury summons in such a big case.

Attorneys said they're looking to select 14 jurors for the case, including two alternates.

>>13197139

Derek Chauvin trial jury selection to resume Monday with half the jurors seated

https://www.kare11.com/article/news/local/george-floyd/derek-chauvin-trial-jury-selection-george-floyd-minneapolis/89-9c17e5ad-b5cb-4ac5-9148-509533009adc

Seven of the 14 people needed to sit on the jury for the trial of the former Minneapolis officer, charged in the death of George Floyd, have been chosen.

Seven jurors have been seated as of Friday, seven more needed

Four are white, three are people of color; two are women

Jury selection to resume Monday morning

City of Minneapolis approves record $27 million settlement for Floyd family in civil lawsuit over his death

Judge Peter Cahill has reinstated third-degree murder charge against Derek Chauvin

https://twitter.com/LaurenKARE11/status/1370471394778230790

>>13196944

Location is at Mar-a-Lago.

>>13197339

Ok…good point. I like it.

>>13197363

"oh don't do that…..ooohhhh no"

This is fucking ridiculous.