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Derek Chauvin - Day 5 of Arguments --- S1: E6


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Derek Chauvin Trial - Day 5 of Arguments - Week One Down---S1:E6

Two Witnesses Testified Today:

1. Sgt. Jon Edwards - Minneapolis Police Sergeant - arrived at 21:51 to Keung/Lane in Unit 320; told by Lt. Zimmerman to rope off scene until he arrived

2. Lt. Rick Zimmerman - Head off the homicide unit, highest senior ranking official to investigate critical incidents:

  • -a knee on someone's neck should "absolutely" be considered deadly force described officers' use of force
  • -use of force against George Floyd "uncalled for"
  • -"Because of the fact that if your knee is on a person's neck, that can kill them.
  • -"totally unnecessary," no reason for the officers to believe they were in danger from Floyd, or in his surroundings.
  • Second-degree murder, which IS one of the charges Chauvin faces, in Minnesota can be “intentional” or “unintentional” .

    The second-degree murder charge requires prosecutors to prove Chauvin caused George’s death while committing or trying to commit a felony — in this case, third-degree assault; punishable by up to 40 years in prison if convicted.

    Prosecutors don’t have to prove that Chauvin was the sole cause of George’s death — only that his conduct was a “substantial causal factor.”

    Third-degree murder would require a lower standard of proof than second-degree. To win a conviction, prosecutors would have to show only that George’s death was caused by an act that was obviously dangerous, though not necessarily a felony like the 3rd degree assault in 2nd degree.

    Under Minnesota law, the perpetrator must act in a way that was reckless and had the risk of causing death; carries a sentence of no more than 25 years.

    Prosecutors argued through the appellate courts to add the third-degree murder charge because not only is it easier to prove than second-degree unintentional felony murder, but it also gives jurors more options about how to convict.


    Manslaughter, the least serious charge and also the one with the lowest burden of proof, requires only evidence that Chauvin caused George’s death through negligence or consciously took the chance of causing severe injury or death. To avoid conviction on the second-degree manslaughter charge, the defense needs to prove that Chauvin didn’t cause George’s death due to negligence that created by an unreasonable risk — meaning, he didn’t know that pinning him down by his neck for nearly nine minutes, and now 2:44 AFTER Officer Keung said there was no pulse, would lead to severe injury or death.

    In Other Words:

    • 2nd Degree Murder: Did Derek Chauvin assault (inflict substantial bodily harm) George Floyd which ultimately played a substantial factor(not sole factor) in his death?
    • 3rd Degree Murder: Did Chauvin's actions reflect a knowingly dangerous act which demonstrated an indifference as to whether George Floyd was harmed?
    • 2nd Degree Manslaughter: Did Chauvin create unreasonable risk, and consciously take a chance of causing death or great bodily harm to George Floyd.
    • Look at the evidence...and answer those for yourself.

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      #TeacherLyfe with Ms. GBy Rubia Garcia

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