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Jun 3 2020 06:41pm
Quote (Plaguefear @ Jun 3 2020 08:31pm)
Lets ignore the fact that had they held him up and called an ambulance he would likely be alive and not even mention that as an option.
I watched the entire video, how many chest compressions were there?
At no stage did they even attempt to help.
When he was completely unresponsive they STILL never attempted to help.


Is negligence (not recognizing that he was about to die) the basis of a murder case?
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Jun 3 2020 06:43pm
Quote (bogie160 @ Jun 4 2020 10:41am)
Is negligence (not recognizing that he was about to die) the basis of a murder case?


At the point where he becomes unresponsive and you sit on him for a few minutes longer and STILL provide no aid, yes.
I will wager if a bouncer had done the exact same thing the charge would be murder and we wouldn't be having this conversation.

This post was edited by Plaguefear on Jun 3 2020 06:43pm
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Jun 3 2020 06:44pm
i had to double check I was reading the detailed results right:

Quote
The 540 g heart (upper limit of normal for
body length is 510 g; upper limit of normal for body weight is
521 g)1 is contained in an intact pericardial sac. The
epicardial surface is smooth, with modest fat investment. The
coronary arteries are present in a normal distribution, with a
right dominant pattern. Cross sections of the vessels show
multifocal atherosclerosis, with 75% proximal and 75% mid
narrowing of the left anterior descending coronary artery; 75%
proximal narrowing of the 1st diagonal branch of the left
anterior descending coronary artery; 25% proximal narrowing of
the circumflex coronary artery; and 90% proximal narrowing of
the right coronary artery
. The myocardium is homogeneous, redbrown,
and firm. The valve leaflets are thin and mobile. The
walls of the left and right ventricles are 1.2 and 0.4 cm thick,
respectively. The endocardium is smooth and glistening. Both
ventricular cavities are mildly dilated. The minimally
atherosclerotic aorta gives rise to three intact and patent arch
vessels. The renal and mesenteric vessels are unremarkable.


they weren't kidding about severe arteriosclerotic heart disease.
A man his size, on that kind of drug cocktail, with a 90% blocked coronary artery?
70%+ is severe and he had 75% blockage in the left and 90% in the right.

George Floyd wasn't killed by the pigs, he was killed by the pork chops.

Quote (Thor123422 @ Jun 3 2020 07:41pm)
There's also "stopped him from getting aid on his own" and "actively exacerbated the underlying condition". Somebody having a pre-existing condition doesn't mean you can't make the condition worse and have that result in their death.

Might be enough to take it down to some type of manslaughter though. All the news reports are reporting multiple charges from manslaughter to 2nd degree murder, so can they just take the lowest one that sticks?


they're allowed to present multiple cases at the same time on different charges and let the jury pick the lowest one that sticks, yup.

This post was edited by Goomshill on Jun 3 2020 06:45pm
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Jun 3 2020 06:44pm
Quote (Plaguefear @ Jun 3 2020 07:43pm)
At the point where he becomes unresponsive and you sit on him for a few minutes longer and STILL provide no aid, yes.
I will wager if a bouncer had done the exact same thing the charge would be murder and we wouldn't be having this conversation.


Oh, yeah. 100%

If this was a civilian we wouldn't have heard anything about it, he would have been arrested on the spot, and likely would have taken a plea deal because it would be considered so cut and dry that it has no business going to trial.
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Jun 3 2020 06:46pm
Quote (Goomshill @ Jun 3 2020 05:28pm)
Before the officers even restrained him the 911 caller said he was so high he was incoherent, and Floyd repeatedly said "I can't breathe" and exhibited medical distress before being restrained.

There are two competing theories here, one that George Floyd died of homicide inflicted by asphyxiation, one that he experienced heart failure due to natural/drug causes.
And somewhere inbetween there's a degree of culpability based on how much of a factor the restraint actually was in his death and whether it was justified. In the pure homicide narrative, George only died because police choked him and would still be alive and well today otherwise and the entire guilt lies with the officers for unreasonable use of force. In the pure natural causes narrative, George only died because his heart gave out under immense strain and would have happened irrespective of the cop's actions. Trying to reconcile those two competing theories and find the truth between them we have to be guided by the facts and evidence.

And we just got dumped a ton of evidence that establishes George Floyd had basically every extreme comorbidity risk possible of coronavirus, sickle cell anemia, heart disease and multi-substance abuse- and there's no physical signs of trauma at all. And that's on top of evidence indicating possible heart failure prior to being restrained.

And this is a second degree murder case?
the facts are on earth, the legal case is off somewhere in the kuiper belt


If I go up to someone with a heart condition and scare them enough to cause a heart attack, you're saying that I'm not liable. Good luck convincing a jury of that :)

The 2nd degree murder charge is a tough sell but within reason: https://criminal.findlaw.com/criminal-charges/second-degree-murder-overview.html
Obviously the first case doesn't apply here. The interesting one is the felony murder rule which Minnesota has:
https://statelaws.findlaw.com/minnesota-law/minnesota-second-degree-murder.html
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Jun 3 2020 06:48pm
Quote (thundercock @ Jun 4 2020 10:46am)
If I go up to someone with a heart condition and scare them enough to cause a heart attack, you're saying that I'm not liable. Good luck convincing a jury of that :)

The 2nd degree murder charge is a tough sell but within reason: https://criminal.findlaw.com/criminal-charges/second-degree-murder-overview.html
Obviously the first case doesn't apply here. The interesting one is the felony murder rule which Minnesota has:
https://statelaws.findlaw.com/minnesota-law/minnesota-second-degree-murder.html


Honestly i think the court will find him guilty regardless of the charges, thats just how it is in some cases, if he walks the state and possibly country burns, there is going to be a cost benefit analysis and this cops freedom is not going to tip the scales.
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Jun 3 2020 06:53pm
Quote (Goomshill @ Jun 3 2020 07:44pm)
they're allowed to present multiple cases at the same time on different charges and let the jury pick the lowest one that sticks, yup.


Oh, then he's fucked. I'm very doubtful that Murder 2 sticks, but manslaughter is a shoe-in on this one.
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Jun 3 2020 06:54pm
Quote (Plaguefear @ Jun 3 2020 07:48pm)
Honestly i think the court will find him guilty regardless of the charges, thats just how it is in some cases, if he walks the state and possibly country burns, there is going to be a cost benefit analysis and this cops freedom is not going to tip the scales.


Precisely. A very strong example is going to be set with this one. Although, it is still highly entertaining watching idiots do mental gymnastics in this very thread, obviously trying to one-up reality when they've been in the negative from time immemorial.
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Jun 3 2020 06:54pm
Quote (Plaguefear @ Jun 3 2020 05:48pm)
Honestly i think the court will find him guilty regardless of the charges, thats just how it is in some cases, if he walks the state and possibly country burns, there is going to be a cost benefit analysis and this cops freedom is not going to tip the scales.


You'd be surprised. Some of the least intelligent people end up on a jury. Goomshill is trying to convince us that these charges are absolutely outrageous and the officer's civil liberties have been violated. I've cited the laws involved and I agree that it's a tough sell but there have been no violations.
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Jun 3 2020 06:54pm
Quote (thundercock @ Jun 3 2020 07:46pm)
If I go up to someone with a heart condition and scare them enough to cause a heart attack, you're saying that I'm not liable. Good luck convincing a jury of that :)


Well unless you knew they had a heart condition and were intentionally trying to cause the heart attack then yea criminal liability doesn't follow the same eggshell head rule as tort / civil law. Aside from whatever immunities apply here, liability over causing someone's heart attack would at least give Floyd's family a recourse to sue the department/state/whatever. But they could just sit afk on their couches for the next few months without hiring a lawyer and still have keith ellison drive a dump truck filled with money to their front yard so I don't think that's too relevant.

Quote
The 2nd degree murder charge is a tough sell but within reason: https://criminal.findlaw.com/criminal-charges/second-degree-murder-overview.html
Obviously the first case doesn't apply here. The interesting one is the felony murder rule which Minnesota has:
https://statelaws.findlaw.com/minnesota-law/minnesota-second-degree-murder.html


Felony murder rule requires the intentional commission of a violent felony that a reasonable person would know poses a lethal risk to the public. Ie, robbing a bank.
The murder itself can't be the felony.

What kind of tortured legal case would they have to make to say the police were committing a felony irrespective of George Floyd's death, something that would be grounds to convict them even if he hadn't suffered any ill effect?
At least in the Arbery case when people delved into this Beria-esque search for a crime, false arrest / detention / kidnapping / etc were all within reach.
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