Today's testimony was very damagingNow two aspects of this case are distilling out IMOO. Intent. The other day, we heard so much testimony from the defense about how DC's actions were aligned with how he was continually reassessing the event and his response. IMO, the bystanders did all the reassessment for him. Someone telling him what the neck hold was physically doing and someone that worked as an EMT for his city telling him that the individual was dying with his actions. DC did not reassess what he was doing IMO. Today, an expert witness showed how DC used his brute strength on an incapacitated victim. very damaging as to intent.
Keep in mind, that the middle charge does NOT require intent at all MOO
Heck, I keep forgetting the charges as the top one may not require intent either.. lemme go back and see if I can find and do an ETA
ETA:
NONE are intentional MOO
609.19 MURDER IN THE SECOND DEGREE.
Subdivision 1.Intentional murder; drive-by shootings.
NOT APPLICABLE SO SNIPPED
Subd. 2.Unintentional murders.
Whoever does either of the following is guilty of unintentional murder in the second degree and may be sentenced to imprisonment for not more than 40 years:
(1) causes the death of a human being, without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting; or
(2) causes the death of a human being without intent to effect the death of any person, while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the perpetrator is restrained under an order for protection and the victim is a person designated to receive protection under the order. As used in this clause, "order for protection" includes an order for protection issued under chapter 518B; a harassment restraining order issued under section
609.748; a court order setting conditions of pretrial release or conditions of a criminal sentence or juvenile court disposition; a restraining order issued in a marriage dissolution action; and any order issued by a court of another state or of the United States that is similar to any of these orders.
https://www.revisor.mn.gov/statutes/cite/609.19
https://www.revisor.mn.gov/statutes/cite/609.195
609.195 MURDER IN THE THIRD DEGREE.
(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.
(b) Whoever, without intent to cause death, proximately causes the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule I or II, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $40,000, or both.
https://www.revisor.mn.gov/statutes/cite/609.205
609.205 MANSLAUGHTER IN THE SECOND DEGREE.
A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or
(2) by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or
(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or
(4) by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner's premises, or negligently failing to keep it properly confined; or
(5) by committing or attempting to commit a violation of section
609.378 (neglect or endangerment of a child), and murder in the first, second, or third degree is not committed thereby.
If proven by a preponderance of the evidence, it shall be an affirmative defense to criminal liability under clause (4) that the victim provoked the animal to cause the victim's death.
Article discussing charges at VERIFY: Derek Chauvin faces three charges in George Floyd's death | kare11.com
NOTE: And keep in mind the changes that the prosecution has asked for during the charge to the jury to help explain such in more laymans terms which has been listed many times. I have not seen an answer by the court yet, has anyone???
