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Cops Murder Another Black Man

JackDallas

Senator
Supporting Member
Minnesota does not have the death penalty. The highest penalty (and the statutes don't specify with or without parole) is life imprisonment. Earlier on, I cited the Minnesota statutes for third degree murder. There are no felony murder elements here. The officer was not in the process of committing a felony when the perp died.

The question is if his act rises to the level of third degree murder or first degree murder. (Well, the prosecutor has already made that call.)

Here are the criteria for First Degree murder in Minnesota.
https://www.revisor.mn.gov/statutes/cite/609.185

(a) Whoever does any of the following is guilty of murder in the first degree and shall be sentenced to imprisonment for life:


(1) causes the death of a human being with premeditation and with intent to effect the death of the person or of another;


(2) causes the death of a human being while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the person or another;


(3) causes the death of a human being with intent to effect the death of the person or another, while committing or attempting to commit burglary, aggravated robbery, kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a witness in the first degree, escape from custody, or any felony violation of chapter 152 involving the unlawful sale of a controlled substance;


(4) causes the death of a peace officer, prosecuting attorney, judge, or a guard employed at a Minnesota state or local correctional facility, with intent to effect the death of that person or another, while the person is engaged in the performance of official duties;


(5) causes the death of a minor while committing child abuse, when the perpetrator has engaged in a past pattern of child abuse upon a child and the death occurs under circumstances manifesting an extreme indifference to human life;


(6) causes the death of a human being while committing domestic abuse, when the perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another family or household member and the death occurs under circumstances manifesting an extreme indifference to human life; or


(7) causes the death of a human being while committing, conspiring to commit, or attempting to commit a felony crime to further terrorism and the death occurs under circumstances manifesting an extreme indifference to human life.

Those are the laws. You decide. You're on the jury.
I disagree with your point I have marked in Bold type.
The cop was in the process of denying Floyd his right to life. That is, he was in the process of killing him. he may not have intended to kill him but he acted in such manner as to cause the man's death.
This case could, quite possibly, fall under the Deprivation of Rights under color of Law (Section 242 Title 18)

Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties. Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.


 
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Dawg

President
Supporting Member
'Cops Murder Another Black Man'

7 shot in your city last night and how in hell does this avenge George:


Who's surprised the cop is a hot head and cowardly?

 
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EatTheRich

President
looting businesses will how make it all corrected...……….
It won’t. The looters are undermining the efficacy of the protests, inviting police repression, and alienating the people repelled by the Floyd and Taylor shootings.
 

EatTheRich

President
Did they kneel to remember all the murdered in Chicago?
Did you wear tri-corner hats with teabags hanging from them (or whatever it is you do to protest) for all the murdered in Chicago? Well, did you? Because otherwise, no one can take any grievance you ever have seriously.
 

EatTheRich

President
Not really. And you're saying that the elite are not accountable to the people through the rule of law and the election process?
Only the political elite. Who are the underlings of the unaccountable ruling financial elite. Who cannot be removed by the rule of law and the election process, since that is a smokescreen for their rule in the first place in a capitalist society.
 

EatTheRich

President
To bring everybody here up to speed on Minnesota law, the most the cop will get will be 25 years. Here's the Murder 3 statute.

https://www.lawserver.com/law/state/minnesota/mn-statutes/minnesota_statutes_609-195
(a) 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 and may be sentenced to imprisonment for not more than 25 years.

There is a Part B to this but it involves killing someone with a controlled substance.

So, boys and girls, does this ex-cop fit all the parameters of Third Degree Murder?

Did he have intent to kill Floyd?
Did he have a depraved mind in this process?
Did his act show zero regard for human life?

We know he caused a death and it wasn't in self defense. Since there were three officers involved in the arrest, he couldn't have thought his life was in danger from the perp.

Looks like he fits the bill for Murder 3.

By the way, the punishment for Murder 1 in the state of Minnesota is life imprisonment.
https://www.revisor.mn.gov/statutes/cite/609.185

Doesn't say life with or without parole. Also, Minnesota does not have the death penalty.

It doesn't matter. If he is convicted of even MANSLAUGHTER and gets a sentence of 5 years, it'll be a death penalty. You know what they do to cops in prison.
Murder 3 seems to apply if the officer *doesn’t* have intent to kill. Chauvin clearly did.
 

EatTheRich

President
And "abuse of power"? Earth to lefty anyone pointing a gun at you and shooting is in a "position of power". That's what the gun gives the criminal over his victim. Good lord.
You and Mao “All communists must grasp the truth: political power comes from the barrel of a gun” Zedong are wrong. As the UMWA said to Truman, “You can’t mine coal with bayonets.” And no coal, no trains or ships carrying guns, no electricity for the gun assembly lines, no fuel to heat the homes of the workers in the gun factories ... who can go on strike themselves like the miners who beat strikebreaker-in-chief Truman and made him back down. The person with a gun and no control over production will starve because you can’t eat bullets. Or dollar bills. Or bitcoin. Or gold. And control over production is exercised by gangs of producers overseen only with great difficulty by agents of the parasitical ruling class. Which sometimes must back down as Truman did.
 

Dawg

President
Supporting Member
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