Let's first brush up on the definitions and degrees. Definitions can vary a bit from state to state but as a general rule, I believe the following to be accurate.
Murder 1- Everyone knows this is premeditated and willful killing. No further comments needed.
Murder 2- Usually involves a willful killing but done in the spur of the moment. An example would be a person who instigates an altercation that gets out of hand and ends in a shooting. I cannot imagine how a person can be so evil to look someone in the eye and intentionally take their life no matter how angry they might be. Interestingly, in Minnesota, the intent to kill is not required but the commission of a separate felony is.
Murder 3- Most states don't have this charge. It is usually considered Voluntary Manslaughter. More on that later. In Minnesota, it does not require a separate felony but does require a depraved mindset and intent to cause severe bodily harm.
Voluntary Manslaughter- In this case, there is intent to cause severe bodily harm but not death. An example could be hitting someone in the face with a baseball bat or kicking them in the head when they've already been knocked out. The defendant did not intend to kill but the victim later died of his injuries. Pretty sick and twisted but not quite on the same level as shooting someone in the head.
Manslaughter 2- Usually involves a willful killing but it is not premeditated. I believe that in Minnesota, intent to kill is not required. Unlike Murder 2, the defendant was put in a situation that would "cause a reasonable person to feel severe emotional distress." An example could be a defendant fights back against a car jacker and disarms them. Then, willfully kills the car jacker after they are no longer a threat. Another case could be a parent who sees their child beaten severely but not so much that it is life threatening. I can see how this could happen and would be inclined to go a little easier on the defendant.
Manslaughter 3- Not sure if this even exists but I would guess it would be an unintentional killing committed by a person in severe emotional distress.
Involuntary Manslaughter- A loss of life due to gross negligence or reckless behavior. An example could be a teenager who throws rocks from an overpass. A rock hits a car and startles the driver, which causes a fatal accident.
Now, how would I rule in the George Floyd case?
I would most definitely convict for Involuntary Manslaughter. If intent to kill is not required in Minnesota, I would probably convict for Manslaughter 2 but NOT for Murder.
Why?
I've seen the whole body cam of the arrest, which the media hid from the public. Floyd was doped up out of his mind on Fentanyl and Methamphetamine. He was screaming incoherently when told to get in the cop car and actually asked to lay on the ground instead. He repeatedly said "I can't breathe" before the knee was put on his neck. Floyd may have died without the knee. He most probably survives even with the knee if he was sober. Officer Chauvin, as anyone else would be, was under severe stress from dealing with such a combative and difficult suspect.
Still, there is ABSOLUTELY NO EXCUSE to keep the knee on the neck for 9 minutes after Floyd was cuffed and subdued especially when onlookers were warning him to get off. I do want to see Chauvin serve some years in prison but not the rest of his life. Bottom line is this was a sad case for both parties but neither was/is a good person. Chauvin should have been fired long ago due to a string of complaints about his performance. Do I feel sorry for him? Not really but he's not responsible for all those riots.
What does disappoint me is the reaction to the verdict. Most of the SJW crowd has not cited this as an example that America is becoming less racist. In fact, Biden himself called out the "stain of systemic racism." It has gotten to the point now that you cannot shoot a black suspect even if a life really is in danger. Two cases in which shootings are justified involve a suspect who will not drop their weapon and when a suspect reaches into their car DURING the arrest. What is the officer supposed to do? Let himself get shot or allow a fatal knife attack? I don't think so.
Reasonable reforms to policing including a ban on chokeholds or other dangerous restraints? All for that.
Background checks including social media activity to weed out possible racists?
I support that too as long as it is legitimate hate groups that they support. Turning point USA is NOT a hate group.
Discipline officers for valid accusations of profiling? Yes on that as well.
Defund or Abolish the Police? Dumbest idea in the world but the Left will use the violence as a vacuum to seize power in a revolution.
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