Charges elevated to 2nd Degree Murder

[Been Jammin]

It's subdivision 2(1) in the statute....which I mentioned.

I'd bet his statement was based upon the theory that the officer committed the felony of Assault in the First Degree and in doing so caused Mr. Floyd's death. Under that theory, the officer would not have to have the intent to cause Mr. Floyd's death....he would have only had to be proven that he committed or attempted to commit the felony assault.

Looks like you are right. Watch the 2nd video on this link. This is what I saw this morning.

https://abc7.com/all-4-former-officers-charged-in-george-floyd-death/6230950/

 

[CowboyJD]

Looks like you are right. Watch the 2nd video on this link. This is what I saw this morning.

https://abc7.com/all-4-former-officers-charged-in-george-floyd-death/6230950/

Not me. All credit goes to @wyomingosualum for making this call.

 

[Been Jammin]

Not me. All credit goes to @wyomingosualum for making this call.

Yeah, but you were right when you pointed out that he was right.

 

[SUPERPOKES]

@CowboyJD

Just to clarify, your post confirms (not refutes) my post about what the A.G. said in his interview?

That is what I am seeing, but I am not adept at reading/understanding legal language, so I just want to verify.

Does the definition of murder and manslaughter differ from state to state? I assume that it does since it’s a state crime and not a federal crime, although likely only a slight change.

 

[CowboyJD]

Does the definition of murder and manslaughter differ from state to state? I assume that it does since it’s a state crime and not a federal crime, although likely only a slight change.

Absolutely, the particular definitions and applications of those definitions differ from state to state.

Sometimes it is a pretty big change either substantial or in the entire scheme of how the punishment is set up.

 

[wyomingosualum]

Yes, that is a possibility.



Glory be, there it really is. Good analysis.



I think you probably got this one right. A scenario where a defendant assaulted a victim and inflicted great bodily harm, would have been committing a felony that caused the death, and that scenario, no intent to cause his death would have to be shown.

@Been Jammin

Man, that instantly caught my attention as well. No intent required.