What We Do — and Don’t — Know Now about George Floyd’s Death — National Review

Protesters outside the Orlando, Fla., home of former Minneapolis police officer Derek Chauvin, May 29, 2020 (Scott Audette/Reuters)

The official complaint submitted to a Minnesota district court answers some questions, but raises others.

Things are often more complicated than they appear at first blush. That is certainly the case with the murder of George Floyd, with which former Minneapolis police officer Derek Chauvin was charged in a complaint filed on Friday.

For one thing, contrary to most people’s assumption, Mr. Floyd appears not to have died from asphyxia or strangulation as Chauvin pinned him to the ground, knee to the neck. Rather, as alleged in the complaint, Floyd suffered from coronary-artery disease and hypertensive-heart disease. The complaint further intimates, but does not come out and allege, that Floyd may have had “intoxicants” in his system. The effects of these underlying health conditions and “any potential intoxicants” are said to have “combined” with the physical restraint by three police officers, most prominently Chauvin, to cause Floyd’s death.

As I’ve noted in a column on the homepage, Hennepin County prosecutors have charged Chauvin with third-degree depraved-indifference homicide. Now that the complaint has been released publicly, we see that a lesser offense was also charged: second-degree manslaughter. This homicide charge involves “culpable negligence creating an unreasonable risk” of serious bodily harm, and carries a maximum sentence of ten years’ imprisonment.

It is easy to see why prosecutors added this charge (and why they shied away from more serious grades of murder described in my column). The case is tougher for prosecutors if there is doubt about whether Chauvin’s unorthodox and unnecessary pressure on Floyd’s neck caused him to die. Had he been strangled, causative effect of the neck pressure would be patent. But if the neck pressure instead just contributed to the stress of the situation that triggered death because of unusual underlying medical problems (possibly in conjunction with intoxicants Floyd may have consumed), it becomes a harder murder prosecution.

The manslaughter charge requires only findings that Chauvin acted negligently, rather than with depraved indifference to human life, and that his negligence both created an unreasonable risk and contributed in some way to death. To be clear, I am not arguing against the murder charge. I am providing a legal analysis of why a jury could find that the manslaughter offense — which is a homicide charge — better fits the facts of the case.

via What We Do — and Don’t — Know Now about George Floyd’s Death — National Review

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