And the “beyond a reasonable doubt” standard applies to this issue as well, so if there’s a reasonable question in the jury’s mind as to causation, they should acquit. The video goes viral. UPDATE.4: I really hope all of you will watch the bodycam video before you comment one way or the other on what I have written here. Because everyone is now in lockstep to destroy Trump, really very elementary fact-finding isn’t happening. But it’s clear that he was in distress – maybe mortal distress, well before he was pinned to the ground. In that second bodycam video (linked in the reader’s letter), at the 5:00 mark, a police officer tells Floyd that the reason he’s cuffed and seated on the sidewalk is that he would not obey their orders, and that makes them concerned about what might be going on. – Not necessarily. a) In the 1992 Rodney King episode, I seem to recall the original video showing the cops just whaling on King in a horrible way. Whether this is because the presence of cameras inhibit the police hasn’t been conclusively decided. Time and time again we heard that he had some drugs in his system. Yet Floyd remains extremely agitated throughout this video. I had been under the impression that they had brutalized him from the beginning, throwing Floyd to the ground and kneeing him in the neck. So, Floyd had a dose somewhat higher than the average NH fentanyl overdose fatality. In your post, you linger on the legal question without asking whether the law is a good tutor here. Within days of the original incident, he read the toxicology report – he’s very familiar with them – and said Floyd did not die from the neck hold but from the drugs in his system. But the autopsy report clearly says that he did NOT die of asphyxiation. Floyd, 46, was arrested Monday after an employee at a grocery store called police to accuse him of trying to pass a counterfeit $20 bill. It does not justify his death — and that is the regret I had about the initial headline: that it gave that impression — but I understand that it reasonably might have happened not from depraved indifference to human life, as I initially thought, but because of that Minneapolis police policy and Floyd’s bizarre behavior as police tried and tried and tried to arrest him without incident. Surveillance video shows George Floyd did not resist arrest That’s the end of the above video. What we have with Floyd is something very much like what happened in Ferguson in 2015. Please do not use my name. Congressional Democrats introduce a sweeping police misconduct reform bill, called the Justice In Policing Act, that would look to demilitarize the police and address police brutality. At 46, Floyd … Walz announces that state Attorney General Keith Ellison will take over prosecutions in Floyd's death from the county prosecutor. It is important to understand as clearly as possible what Chauvin did from a legal point of view, and what that likely means for his conviction or acquittal. But it does offer context why Chauvin would be reluctant to believe Floyd’s “I can’t breathe” cries. At about the 2:12 point, the officer says again, “Stop resisting!”. It seems to me this alone would explain the breathing difficulties. Will it be exculpatory in a court of law? The cellphone video shows Floyd, who is black, face-down on the ground with his hands cuffed behind his back, as officer Derek Chauvin, who is white, uses the knee restraint on his neck. This matters quite a bit, because credentialing is the basis for the credibility we bestow upon and the trust we place in the professionals of our society. to find out more, read our, the autopsy revealed that Floyd had fentanyl and methamphetamine in his system. Tim Walz signs an executive order activating the Minnesota National Guard. The three-judge panel says it will issue an expedited decision as soon as possible. You’re not going to get a conviction for that. Jacobs says (and so do you) that Floyd died of asphyxiation. Tens of thousands of protesters again take to the … I do not believe the lives and careers of individuals, and the facts of specific cases, should be sacrificed for the sake of what they call social justice. They CHOSE to withhold it from public view. No, the coroner finds the cause of death to be cardiac arrest. The reader who said this post is “so bad” clarified: The issue with George Floyd is not the minutiae of the law. Turn on desktop notifications for breaking stories about interest? An officer says, “Are you on something right now?”, This too was a lie. And the original video looks very, very bad. George Floyd, 46, was arrested and killed while in police custody on Memorial Day. Chauvin should have been charged with something — abuse of force? Things that are legal are not always moral. He keeps refusing. See moments before George Floyd was pinned to ground Surveillance video shows police load George Floyd into the back of a police car in Minneapolis. Every now and then Chauvin does move around a bit, repositioning his knee: but, on this reading, he does so because he is taking care NOT to obstruct Floyd’s breathing while he maintains the restraint. Eight minutes of patient, calm, unrelenting asphyxiation. Floyd says, “I got shot the same way before.” Well then, says the cop, put your hands on the wheel when I tell you to. But my accuser was black, and I knew that he had the power to get me fired, because of the bias at that newspaper’s management. But my bigger objection is part of a pattern on your posts on race. He spent at least eight minutes gasping and shrieking and carrying on like a lunatic, all the while refusing frequent, entirely legitimate orders by police. On May 25, 2020, Minneapolis police officers arrested George Floyd, a 46-year-old Black man, after a convenience store clerk claimed he used a counterfeit $20 bill to buy cigarettes. It seems clear that the officers believed Floyd was having some kind of crisis, and were trying to restrain him until the ambulance arrived. I did not realize that he had resisted arrest so insistently for so long. What’s striking too at this point is how polite and non-confrontational the police have been. The four officers involved in Floyd's death are fired. I’m by no means an expert but I’ve been in Corrections for over 14 years. Derek Chauvin, the officer seen in the video kneeling on Floyd's neck, is arrested and charged with third-degree murder and second-degree manslaughter in Floyd's death. New video appears to show George Floyd on the ground with three officers The 18-second clip shows three officers on the ground with him while another officer stands next to a police vehicle. Floyd must have known that given his criminal record, he was going to be in a world of trouble over the fake currency. People will believe that there was a clear-cut case of injustice, when the new bodycam footage shows otherwise. Cahill says that unless the appeals court tells him otherwise, jury selection will proceed. They keep pinning him. So: THEY HAVE CALLED FOR AN AMBULANCE. I think Chauvin is probably going to be in the clear, legally. The reader is right. George Floyd's brother, Philonise Floyd, gives his opening statement during the House Judiciary Committee hearing on Policing Practices and Law Enforcement Accountability at the U.S. Capitol in Washington, D.C., June 10, 2020. Here is a timeline of major events that have unfolded since Floyd's death: Floyd, 46, is arrested shortly after 8 p.m. after allegedly using a fake $20 bill at a local Cup Foods. But not everyone’s mentally ill. It might also be because he had four previous criminal convictions, and had done a prison stint for assault and robbery. The Minnesota Court of Appeals orders Judge Cahill to reconsider reinstating a third-degree murder charge against Chauvin, finding the judge erred in October when he dropped the charge. Because it seems at least. It was lack of oxygen. How did Floyd end up on the ground? I did not realize all that preceded the neck restraint. If people believe that this is an open-and-shut case of police murder, as very many people clearly do at this point, then if Chauvin is acquitted, there is going to be extreme outrage. EVEN THOUGH THE TOXICOLOGY STUDY WAS POSTED ON THE INTERNET WITHIN DAYS. But it’s not nearly as clear (and as cruel) as we all believed after just seeing the first video. Floyd’s heart stopped, for whatever reason. Chauvin has since been charged with second-degree murder and the other three with aiding and abetting second-degree murder and second-degree manslaughter. No, an officer says. And yet, I know from the testimony of black men, including friends, that they have been stopped by police for no reason. The violence in this encounter came entirely from one direction: the police. The official autopsy “revealed no physical findings that support a diagnosis of traumatic asphyxia or strangulation.”. “No, you’re not!” one of the cops replies — meaning in context, you’re saying you’re going to do this thing, but you are in fact refusing to do it. I don’t believe that Chauvin intended to kill Floyd, but Floyd died under his knee. It is a judgment call as to whether or not the way those police officers responded to George Floyd was reasonable under existing law and police procedure. Why does this matter? Dignitaries in attendance include the Rev. After watching that video, it is easy to see why Officer Derek Chauvin applied the neck restraint to him. This week, the Daily Mail managed to get its hands on some previously unreleased body-camera footage of George Floyd’s arrest. This will be a major point for the defense in the trial. Was it because he was high, and the fentanyl was suppressing his breathing? But nowhere have I seen any journalists interviewing people who knew Floyd or knew the night club, etc. One officer goes around to the other side, to try to pull Floyd in. But I have to say, on the issue of racism, I have seen a lot of the same kind of emotionally-driven rationalism in public debate. Judge Cahill dismisses the third-degree murder charge against Chauvin, ruling that it required evidence that Chauvin's alleged actions put multiple people at risk and resulted in a death. It is not true. I don’t credit people for wanting to use immoral and destructive means to deal with a vice. If George Floyd at any point in that eight minutes had simply obeyed the police’s lawful, legitimate orders, he would be alive today. Investigators are looking into a new video that appears to show the minutes before George Floyd was pinned to the ground and died. wanted to indict as soon as possible. It doesn’t feel like those parts of your blog speak to each other. I have tried hard since then not to let myself fall into that trap. It’s unfair — and the accumulated effect of this narrative, hammered over and over in the media and popular culture, is destructive not only to private interests, but the common good. Had we seen this video in the first days after the encounter, I don’t think cities would have burned all across America. First-degree murder is murder that is premeditated. Floyd later died. George Floyd, from police bodycam footage obtained by. “Please, I want to talk with you man,” he shrieks at the police. Both aspects of causation have to apply. "While standing outside the car, Mr. Floyd began saying and repeating that he could not breathe," the document said. — to what extent the high dosage of fentanyl in Floyd’s system played in weakening his ability to breathe, and stressing his already damaged heart. Here is a link to the Floyd autopsy report. . The sense of righteousness we had, of being on the right side of history. I had believed prior to this that the police had thrown him to the ground and subdued him with the neck restraint. The cop says, “You aren’t listening to us, so we aren’t listening to you.”, There is a difference — and a meaningful difference — between a. All of this is part of building a case for reasonable doubt on the second-degree murder charge. I could be wrong — and heaven knows I don’t question the good faith of Leah Libresco, Alan Jacobs, or other critics — but I get the feeling from Leah’s letter that she believes the question of Chauvin’s moral guilt is clear because racism is a real evil. Yates lost to Temple, 38-20. They came down on him because he hysterically resisted arrest, for at least eight minutes. George Floyd did not just resist arrest. Judge Cahill grants the motion by prosecutors to reinstate the third-degree murder charge against Chauvin after hearing arguments from both sides of the case. One would think rational, reasonable people would look at an issue differently when presented with the facts for the first time, but it seems like people are choosing to double down instead (perhaps because And I’d love to say it’s on both sides, but it’s really not.A common refrain from those who think Floyd was murdered goes something like this: “The video shows he was clearly mentally ill and officers need to be trained on how to properly handle these types of people.” There’s a massive hole in this statement – it takes years of schooling and real-world experience for a psychiatrist to properly diagnose mental illness. In 2015, very quickly after the initial eruption, journalists brought to our attention that the underlying facts were in dispute and at least open to multiple interpretations. I assumed too that the cops in Minneapolis had mistreated Floyd because he was black. How does this play out in the George Floyd case? Behaving bizarrely, “shrieking and carrying on like a lunatic,” is not a capital offense. If prosecutors can’t prove that, then Chauvin walks. "Say his name" and "I can't breathe." As the reader says, they had been listening to Floyd talking crap for nine or so minutes; they had ceased to believe him, or even to hear him. Derek Chauvin’s trial for the alleged murder of George Floyd is about to start . Judge Cahill rejected defense requests to move the trial of the four former police officers. Was it because he was having a panic attack? Floyd may have died because of some combination of drugs, heart attack, and pressure from Chauvin’s knee. I think any man, no matter what his color, who behaved as Floyd did while under arrest would have suffered the same fate with that group of officers. Jessica Knutson, and her daughter Abigail, 3, place flowers at a memorial to George Floyd, May 31, 2020, in Minneapolis. Watch that bodycam video above (it ends just as he is on the ground with Chauvin’s knee in his neck), and tell me how there is any other reasonable conclusion? Neck restraints shall not be used against subjects who are passively resisting as defined by policy. Under these, the penalty for both second degree unintentional murder and third degree is about 10 to 15 years. The Unconscious Neck Restraint shall only be applied in the following circumstances: The new bodycam video shows that Floyd had been actively resisting arrest for at least eight minutes! What’s going on? Measures include banning chokeholds and no-knock warrants. It’s wrong. What the new video changes, at least to my way of thinking, is my understanding of how this incident escalated. No. They may be right! That same day, Ellison tells SiriusXM's "The Joe Madison Show" that he is "very seriously looking" at prosecuting the other officers in the case, but that the process could take months. That’s all and well, except it’s clear by now that Floyd was under the influence of something, which meant that his anxiety wasn’t that of someone in an otherwise reasonable state of mind. He was high on fentanyl and meth, though he denied twice that he was on anything, but his behavior was completely bizarre. It provides much greater context for the killing of Floyd. You simply cannot expect cops, whose, Which leads to my second point – even if George Floyd was truly mentally ill, how can anybody, psychiatrist or otherwise, help somebody who cannot or refuses to be restrained? What would it mean for them to “speak to each other”?
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