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In reply to the discussion: Arresting officer in George Floyd case taken into custody by BCA [View all]stopdiggin
(14,958 posts)48. the lowest degree of murder in the state
is 3rd Degree murder
Third-degree murder falls between manslaughter and second-degree murder charges. This murder is not based on having the intent to kill. Third-degree murder is often charged as a depraved heart or mind crime. This charge can arise when a person fires a gun in a crowd without intending to kill anyone, for example.
Second degree murder can be charged when a defendant intentionally kills another human being but the murder is not premeditated. Second-degree murder may result when a person kills out of an intense emotional response or impulse. Additionally, killing someone during a drive-by shooting, killing someone during the commission of a crime
Unless you can demonstrate an intent to kill, 2nd Degree is going to be a high hurdle. And, by the wording given here, 3rd Degree might also be a stretch. I think the likeliest thing you will see here is an "overcharge" (intended to be plead down) of 2nd degree. But that will be mostly for public consumption.
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Although that other video that surfaced late yesterday showed what looks like TWO
calimary
May 2020
#39
CNN showed that one just moments ago - yes, there were three kneeling on him. He was just....
George II
May 2020
#44
SCOTUS says he has "qualified immunity". It will be interesting to see how it plays out.
LiberalArkie
May 2020
#37
This was posted eariler today on DU. If true this might change the charges against the officer?
usaf-vet
May 2020
#33
I guess we will never know if an earlier arrest would have quelled the riots before they happened.
usaf-vet
May 2020
#40
I think you are right. But with a president who is intent on creating conflicts between the races...
usaf-vet
May 2020
#53
Hell, I was ready to do a Woodstock migration to Minneapolis after watching the state cops arrest
BComplex
May 2020
#8
I heard that the Commissioner of Public Safety called it a murder at the Walz news conference
progree
May 2020
#28
One of the murderers in George Floyd case taken into custody by BCA. Fixed it for them.
Autumn
May 2020
#20
I hope his whole world gets turned upside down and his children's children's children feel it. n/t
TheFourthMind
May 2020
#29
DPS commissioner calls George Floyd death a murder: 'That's what it looked like to me'
progree
May 2020
#42
This is interesting - Hennepin County Attorney Freeman and Maryland State AG tussle
progree
May 2020
#46
He should have been arrested May 25, all this destruction could have been avoided. nt
SunSeeker
May 2020
#47