General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsBreaking: Derek Chauvin is in custody pending charges. UPDATE WITH CHARGES
Link to tweet
This is a Minnesota Public Radio reporter.
Update: He's been charged with third-degree murder and manslaughter. Freeman says charges likely pending for the other three cops but not today.
leftieNanner
(15,114 posts)Who wants to bet that Ass Face will pardon him?
dware
(12,385 posts)this is a state crime, not federal, the Mango Menace has no authority to issue a pardon on someone convicted of a state crime.
lostnfound
(16,179 posts)Nothing would surprise me anymore.
dware
(12,385 posts)if the officer is convicted and sentenced to prison on a state crime, the president has no authority to pardon him, only the Gov. of such state has that power.
lostnfound
(16,179 posts)But they affirmed that federal and state could both prosecute for same crime.
dware
(12,385 posts)and the state gets the first bite, so any federal charges would be served after the state charges are served, and by then, the Mango Menace would be nothing but a distant bad memory.
Brainfodder
(6,423 posts)Might as well: Medal of Freedom winner the fucker too?
dware
(12,385 posts)criminals, only a state Gov. has that power.
sarisataka
(18,656 posts)Can pardon a state charge has been debunked at least 100 times. It was even a feature in the resignation fantasies that Pense would not be able to pardon him for charges in NY.
Yet the same thing comes up over and over
Brainfodder
(6,423 posts)duforsure
(11,885 posts)He'll try to play both sides saying one thing one day , then another the next day. He will have Barr involved , and will claim he'll be behind prosecution , but once people vote he'll get Barr to intervene, or pardon him if they file federal charges, but he'll side with the cops , and lie saying the opposite , until he'a stolen their votes. Even before he is ousted from office he'll pardon these cops and either way he will try to get them off.
dware
(12,385 posts)it doesn't matter if the Mango Menace were to issue a pardon on federal crimes, the state will get him first and the Mango Menace has no authority to issue a pardon on state crimes, only the Gov. of said state has the authority.
sandensea
(21,636 posts)claiming that, in effect, he "can."
We know Bill Barr is a master at those: he did, after all, work for the Bush mafia for decades - and they made a national religion out of signing statements to justify just about anything.
We also know we can't count on the Extreme Court to stop him if he does: they'll drag their feet for months - and then, once the elections are behind us, they'll glibly refuse to hear the case from Democratic lawyers.
"Not constitutional issue, and beyond the competency of this court" - or some such nonsense.
I hope I'm wrong about all that.
dware
(12,385 posts)the plain, simple fact is that the state gets the first bite of the apple, the crime happened in MN, it will be prosecuted in MN and if convicted, he will spend time in a MN prison and no matter what the Mango Menace thinks, it is well established law that no president can pardon a state prisoner, only the state's Gov. has that power and I do believe the SC would uphold that.
sandensea
(21,636 posts)I realize it would be the very epitome of unconstitutionality - but since when does Cheetolini care about that?
And how can we be sure (or really, even hope) the Supreme Court would intervene?
Five of them are basically RNC lawyers in black robes!
(well, four - plus Clarence the overstuffed mannequin)
dware
(12,385 posts)they have law and history on their side, and by the time this even becomes an issue, the Mango Menace will be out of a job and Pres. Biden's DOJ will abide by the law.
sandensea
(21,636 posts)Cheeto's desperate, as you know - and he now sees the potential for an L.A.-style race riot as something that could benefit him in November.
Pardoning Officer Chauvin (what a name!) in, say, October, might accomplish just that.
It's his new re-election strategy.
I didn't help Old Man Bush any in '92, of course - but you know how Cheeto is: he thinks the rules don't apply to him, be it constitutional, or political.
dware
(12,385 posts)until the Mango Menace is out of office, then we would get a legitimate DOJ that will respect the rule of law and the state's right to prosecute this murdering pig and , hopefully, putting this danger to society away for the maximum sentence.
Then after he serves his state sentence, the Feds can have him to serve whatever he's federally convicted of and hopefully he's sent to the Colorado ADX supermax federal prison.
That would be justice.
sandensea
(21,636 posts)Let's hope all this turns out just like that (for a change).
So much room for orange mischief in the meantime though.
I wouldn't put it past Cheeto to have some good cop killed somewhere, plant evidence pointing to some black guy, and then stoke even more violence - just before the elections.
"You think I could get away with it, Bill?"
"If George could get away with 9/11, you can definitely get away with this, Mr. President."
"That's what I like about you Bill: you think big!"
dware
(12,385 posts)Like you, I don't put anything past this CIC. (Criminal in Chief.)
sandensea
(21,636 posts)So many good, conscientious lawyers in this country; I know they're trying their best.
That's just how it worked in many of these countries that somehow emerged from years-long dictatorships:
There were lots of protests and activism, yes - but it was democratic-minded lawyers that actually gave the push for change shape, that actually made it happen.
This is such a time.
hlthe2b
(102,283 posts)Aristus
(66,380 posts)before all this happened.
hlthe2b
(102,283 posts)And no, the police, the prosecutor, the investigating detectives DO act based on "probable cause" and they ALL know what consitutes such. They had it.
dware
(12,385 posts)and the other 3 should be in custody also pending criminal charges.
WhiskeyGrinder
(22,355 posts)Leghorn21
(13,524 posts)Shiv
(113 posts)BComplex
(8,053 posts)taken into custody and arrested for murder.
dware
(12,385 posts)The video was enough probable cause for an arrest of all 4.
BComplex
(8,053 posts)The state of Minnesota and the city of Minneapolis could have saved one helluvalot of money, property, and bad publicity, if they had just done the right thing to begin with.
It NEVER should have gone on this long. STUPID STUPID STUPID SPINELESS government officials.
Doremus
(7,261 posts)We can't glibly blame their actions on stupidity. They don't want to prosecute them.
eom
Ohio Joe
(21,756 posts)Systemic racism IS stupid. You are both correct.
Shiv
(113 posts)Wasn't quite being sarcastic but yeah. Until the public relations officials who draft covering lies start falling within the accountability sphere as well I don't believe we'll reach halfway to what justice demands every time this happens.
BComplex
(8,053 posts)Scary name!
Shiv
(113 posts)The name is actually short for Shivan Dragon, I picked a user name based on that when I was a wee one and then that nickname sorta stuck xD
DURHAM D
(32,610 posts)Please make this report true.
WhiskeyGrinder
(22,355 posts)state public safety commissioner, who was wrapping up the presser with the governor. The commissioner heard and called reporters back to tell them.
sarisataka
(18,656 posts)Former officer Derek Chauvin has been taken into custody by the Minnesota Bureau of Criminal Apprehension.
https://kstp.com/news/arresting-officer-derek-chauvin-taken-into-custody-by-bca-george-floyd-case/5743589/?cat=1
honest.abe
(8,678 posts)Hopefully he is also charged and convicted of murder.
Hortensis
(58,785 posts)Squinch
(50,950 posts)MoonRiver
(36,926 posts)Now arrest the other THUGS.
CaliforniaPeggy
(149,627 posts)rocktivity
(44,576 posts)(and not illegally so if knee-to-neck moves are not forbidden) it wouldn't be his fault that Floyd had a bad heart or was possibly under the influence -- which means that ultimately this could all end up as being just another one of his misconduct complaints:
"The knee-to-neck move is banned by several major metropolitan police departments, but Minneapolis allow(s) police to restrain suspects' necks if they're aggressive or resisting arrest. Floyd was unarmed and handcuffed when he was pinned to the ground."
(link)
rocktivity
lagomorph777
(30,613 posts)WhiskeyGrinder
(22,355 posts)lagomorph777
(30,613 posts)BComplex
(8,053 posts)The trump lover...what's his name.
nolabear
(41,984 posts)Youre right about the Blue Wall, but Ive had a little experience with petit bureaucracy and you have to do things very carefully.
sheshe2
(83,779 posts)This one from across the street and it shows three officers kneeling on him. Not one but three!
Solly Mack
(90,769 posts)Floyd protests: Cop in custody over Floyd death, public safety chief says
State public safety commissioner John Harrington just confirmed that one of the Minneapolis officers fired in the death of George Floyd, Derek Chauvin, has been taken into custody by the Minnesota Bureau of Criminal Apprehension, the agency Harrington oversees and which is conducting the investigation int Floyds death.
cayugafalls
(5,641 posts)Hope it was soon enough...
lagomorph777
(30,613 posts)cayugafalls
(5,641 posts)It would have been the right thing to do as the other officers had the duty to Protect and Serve George Floyd, they failed in that duty by standing around and letting it happen.
lagomorph777
(30,613 posts)herding cats
(19,564 posts)Former MPD Officer Derek Chauvin Has Been Taken Into Custody In George Floyds Death
https://minnesota.cbslocal.com/2020/05/29/derek-chauvin-arrested-george-floyd-death-minneapolis-police-officer/
Stuart G
(38,428 posts)Tipperary
(6,930 posts)The one who said, if hes talking, hes breathing. Fucker.
Sunsky
(1,737 posts)Haven't slept well in days and I live in Florida.
aquamarina
(1,865 posts)Johnny2X2X
(19,066 posts)This is just such a relief. I was getting more and more wound up by the hour, this news just brought out all of the emotion.
gratuitous
(82,849 posts)All it took was videos shot from several different angles, three days of civil protest escalating into full-on police riots, destruction of several properties, and setting the cop shop on fire, and Chauvin gets taken into custody.
geardaddy
(24,931 posts)And note that it was the BCA who arrested him. Not "Drag My Feet" Mike Freeman.
sarisataka
(18,656 posts)Governor Walz press conference essentially was saying if Minneapolis and Hennepin county can't do their jobs the state will do it for them
geardaddy
(24,931 posts)irisblue
(32,975 posts)dlk
(11,566 posts)They should all be behind bars.
jaxexpat
(6,831 posts)So the states Bureau of Investigation had to do it.
Also: Floyd looked mobile at the end of the video I saw. Is that accurate? Was he removed from the site on his own two feet? Or on a stretcher?
I'm wondering if Chauvin had a personal need to see Floyd silenced.
Chauvin doesn't live in Hennepin County, the locals have no jurisdiction to arrest him, so it was up to the BCA to arrest him on the warrant issued out of Hennepin County, which would mean that finally, Freeman got his shit together and drafted a warrant for his arrest.
Now, go after the other 3 that just stood by and allowed this murder to happen.
jaxexpat
(6,831 posts)I was wondering about the police union angle. Anything up with that? What's BCA? Bureau of Criminal Affairs? I'm guessing? Who does their footwork?
dware
(12,385 posts)BCA=Bureau of Criminal Apprehension.
I don't know about the union yet, AFAIK, they haven't issued any statement yet.
Tipperary
(6,930 posts)Where is the mug shot? Sounds like he is being treated differently than anyone else would be.
safeinOhio
(32,685 posts)sarisataka
(18,656 posts)Murder and manslaughter per live press conference
yardwork
(61,622 posts)sarisataka
(18,656 posts)Would require showing another felony was committed. The 3d degree statute reads-
(a) Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years.
I would rather start the charge low and work up than overcharge and have him walk free
dware
(12,385 posts)oppression under the color of authority, that's a pretty serious charge.
rocktivity
(44,576 posts)I think Murders 1 and 2 were skipped because they're based on premeditation and conscious intent to kill respectively. Looks like they're counting on being able to prove that Chauvin, if not the three others, committed the felony of being derelict in their duties by using an improper police procedure.
rocktivity
irisblue
(32,975 posts)Source--https://www.mprnews.org/story/2020/05/29/george-floyd
snip--"He said he anticipated charges for the three other officers who were fired in the incident.
We felt it appropriate to focus on the most dangerous perpetrator, Freeman said"
more at source
Earth Bound Misfit
(3,554 posts)... or did they bring the "poor guy" to Burger King?
geardaddy
(24,931 posts)I would love to see that perp walk.
Tipperary
(6,930 posts)If they let him out on bail, all hell will break loose.
geardaddy
(24,931 posts)There won't be a mug shot released.
Earth Bound Misfit
(3,554 posts)zentrum
(9,865 posts)
..it's only because of cell phone video that these 4 cops didn't just slither off into the night and do it again next week to someone. No one but George Floyd's own community would have marked his passing.
The cops would have lied and said, "He resisted arrest"; "I was in fear for my life".
We have a profound systemic racism problem and until we deal with it, we're only as good as a chance video.
rocktivity
(44,576 posts)Last edited Sat May 30, 2020, 12:42 PM - Edit history (3)
According to Wikipedia, third-degree murder in Minnesota is "without intent to effect the death of any person, caus(ing) the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life;" and manslaughter is "the unintentional killing of another person through an act of recklessness that shows indifference to the lives and safety of others, or an act of negligence that could reasonably be foreseen to result in death. The act that results in death may be intentional, but...not...(the)...death (itself)."
I tried to get more precise info from the Minnesota government site https://www.revisor.mn.gov/statutes/ but their servers were jammed at the time. So I guess it's all over but the pleading down to criminal negligence.
rocktivity
TexasBushwhacker
(20,192 posts)Manslaughter would be less. Of course, federal charges may come into play as well.
mvd
(65,174 posts)I would think 2nd degree murder would be possible with the other things they could charge him with (a post above says it needs another felony).
SunSeeker
(51,559 posts)brer cat
(24,568 posts)trump has turned us into an upside down country.
crickets
(25,981 posts)"We have a white reporter on the ground, and we have a brown reporter on the ground. They are a block apart. The brown reporter is arrested and the white reporter is telling us what's happening," Sellers said.
It's painfully obvious racism. Under the circumstances, you'd think they would want to avoid any arrests appearing to be racially motivated... but apparently not.
SunSeeker
(51,559 posts)AntiFascist
(12,792 posts)they should have charged him with the maximum possible charge which is second-degree murder. Chauvin kept his knee on Floyd's neck almost 3 minutes after he became unresponsive, which can be argued to be evidence of intent to commit the murder.
Progressive Jones
(6,011 posts)to save Chauvin from certain death before the weekend was up.