Why George Floyd's Death Was NOT a Murder
June 6, 2020 8:41am
PREFACE: I believe Officer Derek Chauvin killed George Floyd. And I want him to be prosecuted, convicted, and sentenced to the maximum allowable time in prison. With that said, let's set emotion aside and focus on the facts.
On Wednesday, charges against Chauvin were upgraded to second degree murder, third degree murder, and manslaughter. Also on Wednesday, the other three officers (Tou Thao, Thomas Lane, and Alexander Kueng) were charged with aiding and abetting second degree murder and aiding and abetting second degree manslaughter.
As I discussed on my radio program this morning, Minnesota Attorney General Keith Ellison is engaged in a dangerous, politically motivated, disservice to the community as he pursues murder charges against Officer Derek Chauvin for the death of George Floyd. To be clear, Mr. Floyd is dead as a result of Chauvin's actions, so the death is a homicide.
But what is a homicide? A homicide is a death caused by the intentional actions of another person. However, that doesn't mean the action was illegal. Just because a homicide was committed doesn't mean a crime was committed. For instance, if someone breaks into your house in the middle of the night and assaults you, and then you shoot him dead, that's a homicide. But it's not a crime. Well, there are some jurisdictions in the Peoples Republics of California, New York, New Jersey, Connecticut, and Maryland who would prosecute. But in decent jurisdictions, that would be a perfectly reasonable act of self-defense and not a crime. It would be a homicide, but it wouldn't be a crime, even though you intentionally pulled the trigger.
But a death that occurs through an unintentional act - such as most traffic deaths - are not homicides; although they could be if the driver was drunk or speeding 100 mph through a school zone as the buses were offloading.
So in the case of Officer Chauvin, he intentionally put his knee on George Floyd's neck. And that action caused - or at the very least contributed to - Mr. Floyd's death. That makes it a homicide - a death caused by the intentional actions of another person. But just because the act was intended, doesn't mean the death was intended. And that's a big part of the reason why murder charges are excessive. Under some circumstances, an unintentional death can still constitute a murder, but those circumstances aren't applicable to this situation.
The dishonest media has been lying about what happened to George Floyd since day one.
Clearly, Officer Chauvin acted inappropriately; probably unlawfully. But it wasn't murder. In law, there are more than 50 shades of grey. The jury will be instructed that they cannot convict Officer Chauvin based on the definition of the word “murder” as used in the common vernacular. The very specific verbiage of Minnesota's statutes will matter.
Unlike most so-called "journalists" and nearly everyone else who is 100% certain this was murder, I have actually read Minnesota's statutes. So what does Minnesota law say? Minnesota has three types of murder and two types of manslaughter.
Murder in the First Degree (Minnesota Statute 609.185) is when a person "causes the death of a human being with premeditation and with intent to effect the death of the person or of another." Chauvin did not premeditate the death. NOTE: I am not addressing language in the statutes that is not even remotely applicable to Mr. Floyd's death. If you want to read the full statutes, click on the links I have included.
Murder in the Second Degree (Minnesota Statute 609.19) has two classes; intentional and unintentional. Intentional second degree murder is when a person "causes the death of a human being with intent to effect the death of that person or another, but without premeditation." No legitimate argument can be made that Chauvin intended to kill Floyd. Unintentional second degree murder is when a person "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." Not only was Chauvin's knee-to-the-neck not a felony, it is a restraint maneuver that is authorized and taught by the Minneapolis Police Department. See my fuller explanation and accompanying proof at www.TheMikeBatesShow.com/blog/200530-1803.
Murder in the Third Degree (Minnesota Statute 609.195) is when a person "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." While an argument can certainly be made that placing a knee on someone's neck is "eminently dangerous," trained Minneapolis police officers are specifically authorized to perform it. Also, a "depraved mind" is a necessary component of the crime. The statute requires both an eminently dangerous act AND a depraved mind. The act alone is not enough. And a depraved mind is not enough. They must BOTH be present simultaneously. Based upon the number of citizen complaints against Chauvin over the years, it appears that he's an asshole. But that's not the same as depraved.
Manslaughter in the First Degree (Minnesota Statute 609.20) is when a person "intentionally causes the death of another person in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary self-control under like circumstances." As previously stated, Chauvin did not intend to kill Floyd. Manslaughter in the First Degree can also occur when a person "violates section 609.224 and causes the death of another or causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was reasonably foreseeable, and murder in the first or second degree was not committed." Chauvin's actions do not meet this criteria, and prosecutors have not charged him with this higher level of manslaughter.
Manslaughter in the Second Degree (Minnesota Statute 609.205) is when "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." That does describe what Chauvin did. While his knee-to-the-neck maneuver was authorized, its duration of 8 minutes and 46 seconds, including 2 minutes and 53 seconds after Floyd became non-responsive was not authorized. Chauvin was quite clearly negligent, created unreasonable risk, and consciously took the chance of causing death or great bodily harm to Mr. Floyd. That's the exact definition of second degree manslaughter in Minnesota. So THAT is the crime prosecutors should pursue; not murder charges.
Most people don't understand the significant legal differences between murder and manslaughter. They think all homicides are murder and that manslaughter is a lightweight, petty offense. But it isn't. Under Minnesota law, second degree manslaughter is a serious felony which can result in ten years imprisonment.
The harsh truth is that what Derek Chauvin did to George Floyd does not meet the legal definition of murder in Minnesota law. Is it possible that prosecutors have unreleased evidence to justify pursuing murder charges? Sure it is. It is "possible" that Derek Chauvin said to George Floyd, "I'm going to kill you" before he put his knee on the neck. And if that's the case, then fine; it's murder. But based upon the evidence that has been made public, this is a case of second degree manslaughter. Consequently, that is what prosecutors should pursue.
With only one death, how can there be three death crimes? The multiple charges will allow the jury to find Chauvin guilty of manslaughter when they determine he didn't commit murder. Without the manslaughter charge included, a full acquittal would be the result. But it is irresponsible to overcharge him in an effort to placate the protesters.
By overcharging, prosecutors are setting up Chauvin's acquittal on the murder charges. And that will set the stage for another round of riots in 2021 or 2022 when the verdicts are rendered.
Similar violence will likely ensue when officers Thao, Lane, and Kueng are each acquitted on their charges of aiding and abetting.
Prosecutors should charge people with the crimes they actually commit; not with the crimes the public erroneously thinks they committed.
This written post is an abridged explanation. I gave the full explanation on today's radio program, which is now archived as a podcast at www.TheMikeBatesShow.com/podcasts/200606