Disclaimer-I am not an attorney or anything affiliated with law, this argument is based off of my own research into Minnesota's murder and terrorism laws. This is what I would argue if I was an attorney involved with the case. Please enjoy the blog and please feel free to leave comments, thoughts, and anything else via our facebook page or instagram page. Also please subscribe to get updates every time a new blog is posted.
First things first I am going to outline the difference between 1st,2nd, and 3rd degree murder according to the law and statues in Minnesota.This information came from The Office of the Revisor of Statues.
First degree murder code 609.185
Any person who does any of the following is guilty and should be sentenced to life behind bars
Causes death with premeditation and intent to inflict death
Causes death while committing or attempting to commit sexual conduct by force or violence
Intent to inflict death while attempting to commit burglary, aggravated robbery, kidnapping, arson, a drive by, tampering with a witness, escaping from custody, or any felony violation
Causes death of a peace officer, prosecutor, judge, or a correctional officer, while engaged in official duties.
Cause death of a minor while committing abuse
Cause death while committing, conspiring, or attempting to commit a felony crime to further terrorism and the death occurs under circumstances manifesting an extreme indifference to human life.
Terrorism 609.714 Subdivision 1
Furthering terrorism occurs if the crime is a felony and is a premeditated act involving violence to persons
Terrorize, intimidate, or coerce a considerable number of members of the public in addition to direct victims of the act
A terrorism group according to Cornell Law
Domestic terrorism involves acts dangerous to human life that are a violation of criminal laws
Domestic terrorist intend to intimidate or coerce, influence policy or government by intimidation or coercion, or to affect conduct of government by mass destruction, assassination, or kidnapping
Premeditation according to the law
The offender must think about it, no matter how quickly the thought crosses their mind before they act
Time doesn't determine whether a defendant premeditated
Premeditation is based upon the time it takes to form intent, ponder the crime, and the act
Premeditation can happen in minutes as long as the thoughts come before the act
Second degree murder code 609.19
Causes death without premeditation
Causes death by a drive-by
Sentence can not exceed 40 years
Causes death without intent while committing a felony offense other than a drive-by or sexual conduct
Sentence cannot exceed 40 years
Third degree murder code 609.195
Committed without intent to inflict death by perpetrating an act of extreme danger to others indicating a depraved mind without regard for human life
Sentence cannot exceed 25 years
Facts from Mapping Police Violence
Police killed 1,099 people in 2019
There were only 27 days out of 2019 where the police didn't kill someone
Black people were 24% of those killed despite only making up 13% of the population
Black people are 3X more likely to be killed by police than whites per 1 million people in the US population
Black people are 1.3X more likely to be unarmed compared to whites
OKAY HERE IS WHERE I BEGIN MY ARGUMENT OF WHY THE OFFICERS SHOULD BE CHARGED WITH FIRST DEGREE MURDER
Per the Minnesota statue that states that a person can be charged with first degree murder if they cause death while committing, conspiring, or attempting to commit a felony crime to further terrorism and the death occurs under circumstances manifesting an extreme indifference to human life I am going to argue that the officers actions were acts of terrorism as they are a felony offense, premeditated and involved violence. The officers terrorized and intimidated George Floyd as well as the on lookers of the murder and they showed an extreme indifference to human life with no remorse.
Derek Chauvin's actions are 100% premeditated as he made the decision to place his knee on George Floyd's neck and proceed to keep it there for 8 minutes and 46 seconds. The premeditated part comes into play when Mr. Chauvin made the decision to keep his knee on the neck of George Floyd for 2 minutes and 53 seconds after he was non-responsive. I believe at this moment Derek Chauvin made the decision to take George Floyd's life. Chauvin thought about it in the moments that he kept his neck placed on George Floyd's neck as the life slowly left his body.
Due to the fact that there is no time limit or set guidelines on how much time constitutes premeditation the prosecution cannot say that Chauvin didn't plan and intend to kill George Floyd. He had to have known what he was doing as George Floyd begged and pleaded for his life.
Chauvin demonstrated his extreme disregard for human life as he smirked and sat calmly with his hands in his pockets as he murdered George Floyd.
There was a disregard for human life as the actions of the Chauvin were excessive and unnecessary. George Floyd was detained and could have been placed in the police car by the 4 officers on the scene.
The rest of the officers conspired to kill George Floyd as they didn't intervene thus making them guilty of first degree murder as well.
The officers were attempting to further the terrorism that the Minnesota police department carries out against African Americans
The Minnesota police department is a terrorism group and the officers involved in this act are domestic terrorists. The officers engaged in acts dangerous to human life and violated criminal laws
The officers intended to influence policy as they abused their powers knowing they would not face criminal penalties. They acted out of the knowledge that the "government" would protect them as they are protecting their interests in white america.
The history of the Terrorist Minnesota Police Department
David Smith-September 17,2010:
Minneapolis police officers were called to the downtown Minneapolis YMCA to respond to a harassment complaint. The officers found David Smith and attempted to arrest him. He suffers from bipolar disorder and began to have an episode according to police, the officers proceeded to use a taser on him, handcuff him and push him the ground. David Smith died from suffocation, and the officers were not found to have acted wrong. The family of David Smith however, did receive a settlement for $3 million dollars.
Terrance Franklin-May 10,2013
Three year after the murder of David Smith the Minneapolis police shot and killed Terrance Franklin. While chasing Franklin, officers alleged that he exited his car and broke into a basement. The officers followed him and tried to arrest him, the officers claim that that Franklin, during a tussle got one of their guns and injured two of the officers.5 officers were chasing him. The officers then shot and killed him, a settlement was reached for $795,000.
Jamar Clark- November 16,2015
A call came in for a possible domestic violence assault when they encounter Clark. He was shot and killed during a physical encounter with the police where they alleged that he tried to grab one of their guns.Clark died at the Hennepin County Medical Center. His family reached a settlement for $200,000.
Justine Ruszcyk Damond-July 15,2017
Ruszczyk called 911 to report a possible sexual assault in her neighborhood and upon the police's arrival she ran to meet them at their car. Mohamed Noor proceeded to grab his gun and shoot and kill Ruszcyk. Noor argued that he was taken aback when Ruszcyk approached the car and was a threat to his safety.
Thurman Blevins-June 23,2018
The Minneapolis police department received a call that a man was walking down the street firing a handgun in the air. When the police showed up they tried to approach Blevins but they claim he took off running and as a result of this two officers opened fire and killed him.The officers were found to have not acted wrong or out of line.
Travis Jordan-November 9,2018
The Minneapolis police were asked to do a welfare check on Travis Jordan. A woman told the police that she called 911 and that Jordan was acting odd and might be suicidal. When the officers arrived they said that Jordan wouldn't come out. Allegedly he did come out but he had a knife in his hands and proceeded towards the officers. The officers shot at Jordan and he later died at the hospital.
A list of black lives lost at the hands of Minnesota Police since 2000 (There are a lot so feel free to look them up)
THIS FURTHER DEMONSTRATES THAT THE MINNESOTA POLICE DEPARTMENT AS A WHOLE IS A TERRORIST GROUP. WHEN WILL CHANGE OCCUR AND THESE KILLINGS STOP HAPPENING.
Alfred Sanders: 11/01/2000
David White: 11/16/2000
Demetrius Sessler: 04/02/2001
Mark Patch: 07/30/2001
Charles Craighead: 12/03/2001
Abu Jeilani: 03/10/2002
Lamont Scott: 08/15/2002
Christopher Burns: 11/01/2002
Walter Dochniak: 12/29/2002
Roderick Harvey Jr.: 03/25/2002
Eric Netters: 05/07/2003
Anthony Williams: 08/28/2003
Walter Collins: 10/10/2003
Johnie Rodgers: 01/23/2004
Lorenzo Doby: 05/26/2004
James Cobb Jr.: 06/09/2004
Courtney Williams: 10/24/2004
Dominic Felder: 09/20/2006
Wilfred Hines: 05/10/2007
Tommie Baker: 04/01/2008
Quincy Smith: 12/09/2008
Ahmed Guied: 02/05/2009
Devon Dockery: 09/07/2009
Romell Hill: 12/08/2009
Jason Jones: 05/01/2010
David Smith: 09/17/2010
Billie Lobahanow: 11/04/2010
Wayne Malone: 11/17/2011
Carl Tatum: 04/29/2012
DelShawn Crawford: 05/12/2012
Dontaylor Wright: 05/31/2012
Mark Henderson: 08/31/2012
Victor Gaddy Sr.: 10/23/2012
Melvin Fletcher Jr: 12/17/2012
Alden Anderson: 02/12/2013
Terrance Franklin: 05/10/2013
Charles Logan Sr.: 11/02/2014
Sam Holmes: 05/08/2015
Jamar Clark: 11/16/2015
Jaffort Smith: 05/09/2016
Cordale Handy: 03/15/2017
Thurman Blevins: 06/23/2018
Isak Aden: 07/02/2019
GEORGE FLOYD: 05/25/2020