Whats taking so long in arresting ex officer Derek Chauvin? (ex cop who killed George Floyd)

[SgtLanquel]

Glenn Kirschner, former USAttorney and former (Wash)DC Police Homicide Chief:

Here are the elements of 3rd degree murder in Minnesota. This charge is easily provable, in my opinion & experience, based on the video and other facts/circumstances that have been reported. The charge MAY be raised to second degree murder as the investigation/case progresses. https://t.co/RNG0SaSUCo

(the linked tweet includes screenshot of pertinent MN penal language)

 

[SgtLanquel]

more GK:

Here are the definitions of the two crimes: https://t.co/KqYW2bEvwd

 

[SgtLanquel]

Elie Honig, former USA for SDNY - who convicted 100+ organized crime figures in federal cases - opines:

Initial charges can be changed - made more or less serious, added or dropped - but third degree murder (unintentional murder, essentially, under Minnesota statutes) is insufficient here.

https://twitter.com/eliehonig/status/1266432228025827330?s=19

 

[michael777]

Sgt,the village idiot is back!!

 

[SgtLanquel]

Barb McQuade - former USA and national security prosecutor for Eastern District of MI :

Initial charge is often a placeholder while investigation continues. Additional charges against Chauvin or other officers can be added.

https://twitter.com/BarbMcQuade/status/1266433373565784065?s=19

 

[SgtLanquel]

Renato Mariotti - former USAttorney - with a detailed Thread breaking down the current state of affairs for Chauvin and his three fellow officers

THREAD: What should we make of the arrest of the officer who killed #GeorgeFloyd on state third-degree murder charges?

https://twitter.com/renato_mariotti/status/1266443627334717442?s=19

 

[SgtLanquel]

More Kirshner:

As we struggle as a nation to understand the decisions being made by government officials in the George Floyd MURDER case, I’ll post a video this evening on my YouTube channel addressing questions like: why did it take so long when we had powerful video evidence of the crime; why two charges - 3rd degree murder and manslaughter; why not 1st degree murder; and other questions. I reviewed and approved/disapproved more murder arrest warrants as a career prosecutor in DC than I can count. I also worked police excessive force cases resulting in death.

https://twitter.com/glennkirschner2/status/1266456756995207169?s=19

 

[SgtLanquel]

Current Yale Law professor and former FBI Counterintelligence Agent Asha Rangappa notes:

There is a concept in tort law known as the “eggshell plaintiff.” What that means is that even an extraordinary frailty on the part of an injured victim is not a valid affirmative defense to the negligence of the tortfeasor; they are still liable for the consequences 1/

This concept ought to apply with even greater weight when you are looking at the use of force between armed police and a civilian. Unless the claim is that Floyd would have dropped dead on his own, absent any use of force, Chauvin’s actions were the proximate cause of his death.

 

[Seymour]

This is a criminal case - not civil - it's a problem if the cause of death is not somehow directly from the knee pressed against his neck - it would be fine if u had 12 jurors name seymour - but the average juror is so fucken dumb and can get talked into anything

 

[SgtLanquel]

This is a criminal case - not civil - it's a problem if the cause of death is not somehow directly from the knee pressed against his neck - it would be fine if u had 12 jurors name seymour - but the average juror is so fucken dumb and can get talked into anything

The language cited by Rangappa (notably the word "damage") is not exclusive to civil law, though that is a more frequent venue for such.

 

[Seymour]

This cop is going to prison - for a decent amount of time - but serving 20 years or so really is going to depend on what the death certificate says - because you know the defense is going to come in with the top coroner in the world and say while reprehensible this cop did is not cause his death

 

[jaws2357]

Poetic justice they left that SAVAGE OJ off set me free, set me free.

 

[PatsFanatic]

This just isn't true at all.

If you arrest someone, you can only hold them for 24-48 hours without charging them. If you're going to arrest someone, you need to have the intention to charge them and if you overcharge them, they will walk.

But further to your point, what I do and what a cop does is different. A cop inherently has the duty to use force in the fulfillment of his/her duties. I don't but that sill doesn't mean you don't have to prove murder against a normal citizen.

Prosecuting attorneys don't give a shit what you or I think and what the public does. They have to do things the right way.

Looks like they didn’t listen to you.

 

[exploited17]

I know people want it to be but it isn't a surprise and another autopsy is definitely good though
Doesn't mean the officer isn't responsible. The traum of 8 minutes on a neck with health conditions along with medical neglect should get this guy decent jail time. Hopefully anyway
https://www.dailymail.co.uk/news/ar...lying-heart-conditions-not-strangulation.html

 

[Enfuego]

Looks like they didn’t listen to you.

What do you mean? Apparently, the prosecutors investigated and feel they have a strong case for a 3rd Degree Murder charge. They arrested him.

 

[SgtLanquel]

Saturday updates via Glenn Kirschner:

Morning All. In the #GeorgeFloyd case, keep your eye on the fact that the police put the term “excited delirium” in the arrest paperwork for Chauvin. I worked a high-profile excited delirium case a decade ago (“DC 9” case). I suspect we’ll be hearing more about excited delirium.

https://twitter.com/glennkirschner2/status/1266710840121667586?s=19

 

[SgtLanquel]

And

An “excited delirium” defense will not work, Sandi, because these officers were applying ILLEGAL, EXCESSIVE force to George Floyd. The remaining 3 officers need to be arrested and charged.

https://twitter.com/glennkirschner2/status/1266763378564968449?s=19

 

[SgtLanquel]

They can enforce federal law. But nice of you to pick nits out of shit and keep reminding us about state laws, which no one else mentioned and the president doesn't bother with anyway. Exact wording of the law: use such of the armed forces, as he considers necessary to enforce those laws.

https://en.wikipedia.org/wiki/Insurrection_Act

Good morning and thanks for your diplomatic adds on this aspect of the overall Topic

Here is a helpful Thread via UT law professor Steve Vladeck:


https://twitter.com/steve_vladeck/status/1266752508577435649?s=19

There's a fair amount of disinformation and misinformation going around about the federal government's legal authority to use troops to help respond to the unrest in Minneapolis.

Here's a short #thread with answers (and citations to authority) for the five big questions:

 

[SgtLanquel]

1. "Isn't the military already on the ground"?

A: Yes, the MN National Guard has been deployed by Gov. Walz. But the Guard wears (at least) two hats. Right now, it's wearing its "state" hat, subject to the control solely of the Governor, which is uncontroversial.

 

[SgtLanquel]

2. "Doesn't the Posse Comitatus Act bar use of federal troops for domestic law enforcement?"

A: No. The PCA only bars such use of the military *without* statutory authorization.

https://t.co/0VltyygYr1

Several statutes *authorize* such use of the military for law enforcement.