Why Derek Chauvin May Get Off His Murder Charge
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This should be interesting.
https://medium.com/@gavrilodavid/why-derek-chauvin-may-get-off-his-murder-charge-2e2ad8d0911
There are six crucial pieces of information — six facts — that have been largely omitted from discussion on the Chauvin’s conduct. Taken together, they likely exonerate the officer of a murder charge. Rather than indicating illegal and excessive force, they instead show an officer who rigidly followed the procedures deemed appropriate by the Minneapolis Police Department (MPD). The evidence points to the MPD and the local political establishment, rather than the individual officer, as ultimately responsible for George Floyd’s death.
These six facts are as follows:
George Floyd was experiencing cardiopulmonary and psychological distress minutes before he was placed on the ground, let alone had a knee to his neck.
The Minneapolis Police Department (MPD) allows the use of neck restraint on suspects who actively resist arrest, and George Floyd actively resisted arrest on two occasions, including immediately prior to neck restraint being used.
The officers were recorded on their body cams assessing George Floyd as suffering from “excited delirium syndrome” (ExDS), a condition which the MPD considers an extreme threat to both the officers and the suspect. A white paper used by the MPD acknowledges that ExDS suspects may die irrespective of force involved. The officers’ response to this situation was in line with MPD guidelines for ExDS.
Restraining the suspect on his or her abdomen (prone restraint) is a common tactic in ExDS situations, and the white paper used by the MPD instructs the officers to control the suspect until paramedics arrive.
Floyd’s autopsy revealed a potentially lethal concoction of drugs — not just a potentially lethal dose of fentanyl, but also methamphetamine. Together with his history of drug abuse and two serious heart conditions, Floyd’s condition was exceptionally and unusually fragile.
Chauvin’s neck restraint is unlikely to have exerted a dangerous amount of force to Floyd’s neck. Floyd is shown on video able to lift his head and neck, and a robust study on double-knee restraints showed a median force exertion of approximately approximately 105lbs.
Let’s be clear: the actions of Chauvin and the other officers were absolutely wrong. But they were also in line with MPD rules and procedures for the condition which they determined was George Floyd was suffering from. An act that would normally be considered a clear and heinous abuse of force, such as a knee-to-neck restraint on a suspect suffering from pulmonary distress, can be legitimatized if there are overriding concerns not known to bystanders but known to the officers. In the case of George Floyd, the overriding concern was that he was suffering from ExDS, given a number of relevant facts known to the officers. This was not known to the bystanders, who only saw a man with pulmonary distress pinned down with a knee on his neck. While the officers may still be found guilty of manslaughter, the probability of a guilty verdict for the murder charge is low, and the public should be aware of this well in advance of the verdict."Now look here, you Baltic gas passer... " - Mik, 6/14/08
The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.
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@George-K said in Why Derek Chauvin May Get Off His Murder Charge:
This should be interesting.
'Interesting', as in the ancient Chinese curse.
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@George-K said in Why Derek Chauvin May Get Off His Murder Charge:
the probability of a guilty verdict for the murder charge is low, and the public should be aware of this well in advance of the verdict.
So we should probably prepare for a second wave of protests, looting and property destruction, starting 5 minutes after the not guilty verdict on murder charges, because guilty of manslaughter won't be good enough.
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Yup exactly. When I first read the autopsy and learned of all of the drugs and existing health conditions (add in a panic attack due to claustrophobia), my wife and I immediately said "wow, he may not be found guilty". Manslaughter maybe, but even that's a bit of a stretch when you look at ALL of the facts.
This reminds me of the segment of Sam Harris' podcast that focused on the pressure placed on Floyd's body as well as the highly unlikely intent Chauvin had of killing Floyd.
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And yes, @Improviso there will be MASSIVE protests and looting once the verdict is read. Do we have any idea generally on the timeline for a court trial?
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@89th said in Why Derek Chauvin May Get Off His Murder Charge:
Do we have any idea generally on the timeline for a court trial?
If Trump is re-elected, it will probably be scheduled the day after inauguration.
If Biden wins, it probably won't take place until sometime in 2024.
Yea... tell me I'm wrong.
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It's been interesting to watch society gradually come around to considering it a joke to think OJ might not be guilty. At the time, the virtuous folk were toeing the line about reasonable doubt. I remember it well because it was my first encounter with blatant intellectual dishonesty in service of being on the virtuous side of a cultural discussion.
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@Mik said in Why Derek Chauvin May Get Off His Murder Charge:
8.5 minutes with a man's knee on his neck, while he is stating he can't breathe. Sorry, not buying it.
To be clear, I'm not defending the actions by Chauvin. However, I'm sure suspects yell "I can't breathe" all the time. It also wasn't 8.5 minutes on his windpipe, as you can see Floyd talking, moving his neck around. Again, not defending Chauvin, but it also wasn't like he was straight up choking the air from Floyd for 8 minutes. The number of other factors (blood/heart issues, multiple drugs in his system, etc) also play a factor.
All that being said, I think the clearest and most criminal part of what Chauvin did was remaining on Floyd's neck for 1-2 minutes after it was clear Floyd had passed out. Even if Chauvin thought it was because of drugs, he should've still immediately checked for a pulse (etc).
