ThatJerkDave Posted May 29, 2020 Share Posted May 29, 2020 5 minutes ago, packfanfb said: Murder 3 could still under Minn law if they prove there was an intent to cause any harm to him. At that point, if the harm becomes dealth, it's murder in the third degree. I agree, likely a manslaughter case, but obviously there was a big push to attach "murder" to this case and Murder 3 was pretty much the only one with a decent shot at conviction. Does Minnesota have murder 3? Earlier I did a quick look at various states, and some have 3 while others just have 1 and 2. Manslaughter is the big one that he will get. There will be a metric ton of money in a civil case as well. Link to comment Share on other sites More sharing options...
packfanfb Posted May 29, 2020 Share Posted May 29, 2020 1 hour ago, Leader said: Agree - unless - this cop has a history of racial actions......or posts on social media that "he's gonna get him some black people" (or some such stupidity....) - but even then - tieing his expressed attitudes to his actions caught on tape......makes for tricky courtroom work. Heard the medical examiner has made some determinations: there were no obvious signs of suffocation and cited Floyd's preexisting heart conditions........so we may be heading down that road again. A lot of that wouldn't be admissible even if it did exist. The one fact emerging out there that is the most interesting is that the copy and Floyd worked together, apparently had over-lapping shifts working security at some club. Maybe there's some evidence of a past connection that could point to a motive. At that point, you could then possibly see a 2nd degree murder charge added. Link to comment Share on other sites More sharing options...
ThatJerkDave Posted May 29, 2020 Share Posted May 29, 2020 3 minutes ago, packfanfb said: Preface: I am a lawyer, though not from Minnesota nor do I practice criminal law. Just a basic look at the law and the charges fit. Murder 3 involves a case where there was an underlying intent to harm and someone dies because of it even without the intent to kill. Classic example is taking a gun and firing it into a random crowd and it hits someone and kills them. That's third degree murder under MN law. The obvious appeal to a Murder 3 charge is that it allows the DA to say they charged him with "murder" which will appeal to the masses, and it also carries a max of 25 years in prison (whereas I think manslaughter in MN tops out at 10 or 15). The lesser charge manslaughter is even a tighter fit to the facts (as we know of them today), but again, not a "murder" charge and lesser penalty, hence why you bring both if you're the DA, while also not over-reaching for 2nd, and especially 1st degree, which absent some premeditation evidence we don't currently know about, would never stick. Wouldn't firing a gun into a crowd be murder 1 because it was done during a criminal action? Link to comment Share on other sites More sharing options...
packfanfb Posted May 29, 2020 Share Posted May 29, 2020 20 minutes ago, Norm said: @Packerraymond Lock it. We can't have nice things anymore Don't do it. I finally get to talk lawyer stuff....give me this. Link to comment Share on other sites More sharing options...
ThatJerkDave Posted May 29, 2020 Share Posted May 29, 2020 Just now, packfanfb said: Don't do it. I finally get to talk lawyer stuff....give me this. If I knew this before, I would have had so many hypothetical questions. LOL. 1 Link to comment Share on other sites More sharing options...
packfanfb Posted May 29, 2020 Share Posted May 29, 2020 (edited) 4 minutes ago, ThatJerkDave said: Wouldn't firing a gun into a crowd be murder 1 because it was done during a criminal action? Not sure if MN has a felony murder statute. My guess is they do not, but haven't looked. If so, you could argue that that the cop committed some type of felonious assault on Floyd while pinning him down with his knee, and then if he dies, it's felony murder. The fact that charge was not brought makes me wonder if MN doesn't have a felony murder statute. That's basically what happened in the Arbery case. There is a charge of felony murder arguing that the guys in the truck committed a felonious assault (and not a lawful citizen's arrest) and in the process, Arbery was killed. Advantageous to the DA because you don't have to prove intent to kill. Edited May 29, 2020 by packfanfb Link to comment Share on other sites More sharing options...
Rainmaker90 Posted May 29, 2020 Share Posted May 29, 2020 3 minutes ago, TransientTexan said: sounds more like those "some people" are reflexively engaging in intellectual dishonesty rather than critical thinking. They can't debate policies based on their merits, so they have to cast their opponent as evil, even if they have to put words in their opponents' mouths in order to do so. There you go again with that intellectual dishonesty 🤣🤣🤣 18,000 and counting! Link to comment Share on other sites More sharing options...
packfanfb Posted May 29, 2020 Share Posted May 29, 2020 6 minutes ago, ThatJerkDave said: Does Minnesota have murder 3? Earlier I did a quick look at various states, and some have 3 while others just have 1 and 2. Manslaughter is the big one that he will get. There will be a metric ton of money in a civil case as well. Yea, MN has Third degree murder or "unintentional homicide." Link to comment Share on other sites More sharing options...
ThatJerkDave Posted May 29, 2020 Share Posted May 29, 2020 Just now, packfanfb said: Yea, MN has Third degree murder or "unintentional homicide." That is more likely than murder 2 then. Link to comment Share on other sites More sharing options...
packfanfb Posted May 29, 2020 Share Posted May 29, 2020 1 minute ago, ThatJerkDave said: That is more likely than murder 2 then. Yea, they've already charged him with murder 3 (third degree murder). Murder 2 (2nd degree) would be tough at this point unless there's some motive to be found out there (maybe the nightclub connection) that could establish some intent to kill. Link to comment Share on other sites More sharing options...
packfanfb Posted May 29, 2020 Share Posted May 29, 2020 In other news LOL Link to comment Share on other sites More sharing options...
TransientTexan Posted May 29, 2020 Share Posted May 29, 2020 12 minutes ago, Rainmaker90 said: There you go again with that intellectual dishonesty 🤣🤣🤣 18,000 and counting! yea, those tabulators are sooo trustworthy~. that's dwarfed by the media dishonesty and omissions Link to comment Share on other sites More sharing options...
Norm Posted May 29, 2020 Share Posted May 29, 2020 30 minutes ago, ThatJerkDave said: I tried to warn you all... TAPT 70, I said. But NO! We're 14, and 69 is clever AND naughty! Lolol 69, GONE SEXUAL 420!! Haha smoke weed every day Link to comment Share on other sites More sharing options...
Norm Posted May 29, 2020 Share Posted May 29, 2020 (edited) 5 minutes ago, TransientTexan said: yea, those tabulators are sooo trustworthy~. that's dwarfed by the media dishonesty and omissions Both of you should be ran over by a steam roller on live TV for my enjoyment I'll drive Edited May 29, 2020 by Norm 1 Link to comment Share on other sites More sharing options...
Rainmaker90 Posted May 29, 2020 Share Posted May 29, 2020 4 minutes ago, TransientTexan said: yea, those tabulators are sooo trustworthy~. that's dwarfed by the media dishonesty and omissions You fit the stereotype to the T. Link to comment Share on other sites More sharing options...
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