He has to commit a felony that is separate and independent of the act that killed Floyd. If the jury convicts of 2nd degree it will get tossed eventually because the felony that killed Floyd was not independent but was the act that killed Floyd.
Incorrect. Give me a moment to link examples. Recent precedent (which has Been met with outrage)
Allows the felony to be after the fact. They get around that by not including state of mind. So they can, and are saying Derek restraining an “overdosing and dying” suspect is indeed a felony.
I understand Minnesota has some funny precedent but it flies in the face of the us Supreme Court and those precedents are less egregious than the Chauvin case. Basically if allowed to stand all murder in the state of Minnesota would be second degree murder except for drive bys and sex assaults that result in death. Not going to stand.
I like to think there is still some justice in this world and he's released. Compensation for his legal costs can come from the $27MM that went to floyd's criminal family
What's your point.. he said he was on fire and couldn't breath before they cuffed him? Maybe if the asshole didn't resist arrest and wasn't pushing deli owners to take his fake money, this could have been avoided... right? I get it. They should have at least let the man die on his side and not face down!! They didn't need to use the knee!! Compassion right?
"Also highlighted in the report was that the autopsy failed to find "life-threatening" injuries in Floyd's neck near his head, spine, chest, brain, skull or related to the larynx."
Also, it doesn’t have to be “life threatening” read up on felony murder. A gun shot victim is walking to the hospital and you shine a light in their eye causing temporary blindness impeding their speed to the hospital, that’s enough for felony murder
This is not a good example of the case you are trying to make. This guy gave a resources to a group of people he had discussions with about committing a robbery, which itself is a felony and in this case women was killed in the commission of the robbery. Separate and independent felony that led to the death of someone is a classic definition of felony murder.
We do not agree if the felony in question is the direct cause of death. The assault itself cannot be the felony that leads to felony murder as all murders are necessarily caused by assaults.
So you’re are saying assault can nor be the felony? So let’s say a person is shot in the head, then person “x” shoots you in the leg to stop you from running to get help. The second shooter isn’t guilty of ANYTHING. The autopsy will say the headshot was the cause of death
https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_14/GS_14-277.4.pdf I’d like to add this. Shining a light or doing anything to impede medical help is a crime. That is felony murder if they die. You don’t need to have been involved in the murder. I’m looking for the case now. A their was bitten by a junk yard dog. The owner of another business locked the gate. It wasn’t his dog nor his property but he was charged with felony murder for closing the gate. He in no way murdered him. But they ruled his actions affected the death
I’m not sure what that has to do with this? I’m not here to litigate. Just to educate people that are making us look dumb. I saw a post on Reddit “I know” where there making fun of ur using the shoulder blade picture and I agree, that picture is cnn-esque
Still didn't crush the neck enough to choke him to death. Nope.
Didn’t say he did. Also he doesn’t have to hurt his neck 1 bit. That’s the thing with “felony murder” he just needs to be a contributor
He has to commit a felony that is separate and independent of the act that killed Floyd. If the jury convicts of 2nd degree it will get tossed eventually because the felony that killed Floyd was not independent but was the act that killed Floyd.
Incorrect. Give me a moment to link examples. Recent precedent (which has Been met with outrage) Allows the felony to be after the fact. They get around that by not including state of mind. So they can, and are saying Derek restraining an “overdosing and dying” suspect is indeed a felony.
I understand Minnesota has some funny precedent but it flies in the face of the us Supreme Court and those precedents are less egregious than the Chauvin case. Basically if allowed to stand all murder in the state of Minnesota would be second degree murder except for drive bys and sex assaults that result in death. Not going to stand.
We shall see. But if you were correct there wouldn’t even be a trial..
Manslaughter is still a viable charge.
Big fuckin' deal, should have shot the piece of shit.
It is a big deal. Derek MAY do 40 years for this, it is a “big deal”
I like to think there is still some justice in this world and he's released. Compensation for his legal costs can come from the $27MM that went to floyd's criminal family
What's your point.. he said he was on fire and couldn't breath before they cuffed him? Maybe if the asshole didn't resist arrest and wasn't pushing deli owners to take his fake money, this could have been avoided... right? I get it. They should have at least let the man die on his side and not face down!! They didn't need to use the knee!! Compassion right?
What’s who’s point?
OP is ready to burn the local Wendys methinks.
"Also highlighted in the report was that the autopsy failed to find "life-threatening" injuries in Floyd's neck near his head, spine, chest, brain, skull or related to the larynx."
https://www.arkansasonline.com/news/2020/jun/04/full-autopsy-shows-floyd-had-covid-19-2/
Also, it doesn’t have to be “life threatening” read up on felony murder. A gun shot victim is walking to the hospital and you shine a light in their eye causing temporary blindness impeding their speed to the hospital, that’s enough for felony murder
False.
https://en.wikipedia.org/wiki/Ryan_Holle.
Combine that with MN law NOT TO INCLUDE STATE OF MIND OR INTENT. Impeding someone from getting help when injured is 100% felony murder
This is not a good example of the case you are trying to make. This guy gave a resources to a group of people he had discussions with about committing a robbery, which itself is a felony and in this case women was killed in the commission of the robbery. Separate and independent felony that led to the death of someone is a classic definition of felony murder.
So we agree on committing a felony that leads to death is felony murder? Or not
We do not agree if the felony in question is the direct cause of death. The assault itself cannot be the felony that leads to felony murder as all murders are necessarily caused by assaults.
So you’re are saying assault can nor be the felony? So let’s say a person is shot in the head, then person “x” shoots you in the leg to stop you from running to get help. The second shooter isn’t guilty of ANYTHING. The autopsy will say the headshot was the cause of death
https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_14/GS_14-277.4.pdf I’d like to add this. Shining a light or doing anything to impede medical help is a crime. That is felony murder if they die. You don’t need to have been involved in the murder. I’m looking for the case now. A their was bitten by a junk yard dog. The owner of another business locked the gate. It wasn’t his dog nor his property but he was charged with felony murder for closing the gate. He in no way murdered him. But they ruled his actions affected the death
I’m not sure what that has to do with this? I’m not here to litigate. Just to educate people that are making us look dumb. I saw a post on Reddit “I know” where there making fun of ur using the shoulder blade picture and I agree, that picture is cnn-esque