New Floyd Murder Charges Will Be Tough to Prove and May Imperil Good Cops

[Valin]

National Review

In a politically charged case, it is more important, not less, to get the charges right.

Andrew C. McCarthy

June 4, 2020

Prosecutors in Minnesota have filed an amended complaint against Derek Chauvin for the killing of George Floyd, adding a second-degree “felony murder” charge. This dangerously flawed theory could be used to portray any police restraint of a resistant suspect as criminal assault.

The amended complaint against Chauvin also re-alleges the two homicide charges originally filed last week: third-degree “depraved indifference” murder and second-degree manslaughter, both of which better fit the facts of the case while posing no risk of criminalizing the legitimate use of force by good cops.

Separately, the other three fired Minneapolis police officers involved in the killing have been charged, after a week of demands by the Floyd family, as well as intense anti-police rhetoric (and worse) by Black Lives Matter activists and protesters.

(Snip)

It is virtually never a good thing to have an ideological agitator as the prosecutor in a case where the mob is baying for blood, and where nothing less than the most severe charges will satisfy them . . . even if such charges do not line up with the facts of the case. Attorney General Ellison’s criminal complaint, however, suggests that he is not up to the job that needs doing here.

In some ways, he has overcharged the case, which increases the risk of acquittal for a killing that is already ripping the country apart. Moreover, Ellison’s theory of prosecution signals to police that they could face assault charges whenever they physically restrain a suspect, and thus will encourage criminals to resist arrest. And on top of all that, the attorney general has failed to bring charges against the accomplices that both fit the facts as alleged and would be a worthy condemnation of atrocious policing — apparently because “manslaughter” and “third-degree murder” don’t sound harsh enough for the regnant political narrative.

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One point that comes to mind, on viewing the videos of this incident it does Appear Floyd was 1. under control, handcuffed, and not resisting in any way.

 

There are also screams from the usual suspects for a charge of *1st degree murder..Too many people have been watching too many murder shows.

* with a those found guilt being hanged drawn and quartered.