Do you think Floyd was murdered?

[GWH]

Murder. Pretty sure we all agree that what he did was at the very least wrong, and he should face justice.

[WuWei]

@Safiel

No chance of proving premeditation, so First Degree is off the table.

I’m not sure I agree with that.

[Camp]

I agree with this.

[Camp]

Roll the dice with 2nd degree…50…50.

or

Slam dunk 3rd with a bounty of supporting charges…20 to 40 years actual time served.

[Smyrna]

@Camp

I agree with this.

The length of time that the officer had his knee on Floyd’s neck, those around him telling him that he’s killing this guy, he had to consider what he was doing and the prosecution may very well have a case that due to the extended time, at some point, it became premeditation because he chose to continue in spite of all the evidence that he should now stop.

[WuWei]

@Eagle-Keeper

@TheDoctorIsIn

Even if he - in that moment - decided to kill Floyd, that’s not premeditation, just intent.

Excellent point. It’s my understanding that you would have to prove that he was planning on killing somebody that day for it to be first degree.

There is no time limit set on it.

[Camp]

It is a solid point.

Getting a jury there might be difficult.

Juries are notoriously unpredictable.

[Smyrna]

@Camp

It is a solid point.

Getting a jury there might be difficult.

Juries are notoriously unpredictable.

Agreed and it’s the decision the prosecutor must make. I just don’t want it to end like the case of Kate Steinle where the murderer is not convicted.

[WuWei]

@TheDoctorIsIn

In order to prove premeditation, you’d have to prove that he specifically planned to kill Floyd specifically, at some point prior to the beginning of their altercation.

I don’t think it has to be prior to the altercation, but rather prior to the act. For example, they’ve got him cuffed and sitting on the curb. He tells one of the other cops “I’m going to kill this guy” and the state can prove it. He walks over, gets him down and puts the knee to him.

Premeditation?

It’s a hypothetical.

[WuWei]

@Eagle-Keeper

Really, it has to be that specific? So it can’t just be wanting to kill just anyone?

I could argue that case as well.

[WuWei]

@TheDoctorIsIn

No, actually I think you’re right. If he had woken up that morning and decided he was going to kill someone that day, it could fit Murder 1.

How about “I’m going to kill me a black guy today”

[WuWei]

@conan

But that wouldn’t fit here thou. He didn’t wake up and planned on killing someone. He had not plan or target etc.

He doesn’t have to. There is no set time prior to the murder for the planning. He can plan it on the spot.

All premeditation means is he thought about doing it before he did it. It was a conscious decision.

[WuWei]

@TheDoctorIsIn

Yes, I know. As of 2 weeks ago, I am officially a law school graduate.

But what we were talking about is whether a specifically targeted person was required for the element of premeditation to be met.

Congratulations.

[WuWei]

@Smyrna

@Camp

I agree with this.

The length of time that the officer had his knee on Floyd’s neck, those around him telling him that he’s killing this guy, he had to consider what he was doing and the prosecution may very well have a case that due to the extended time, at some point, it became premeditation because he chose to continue in spite of all the evidence that he should now stop.

I find it interesting how the length of time keeps changing in the media reports. It’s going to be an hour before long.

[WuWei]

@Camp

Roll the dice with 2nd degree…50…50.

or

Slam dunk 3rd with a bounty of supporting charges…20 to 40 years actual time served.

2nd degree is not 50/50.

[Janet_Miller]

George Floyd and cop who knelt on neck worked together at same club

There is a possibility Derek Chauvin and George Floyd were aquatinted before their fatal encounter. It’s not known if they interacted, but it’s possible the two weren’t strangers, making Floyd’s death something other than white police officer vs unknown black subject.

I would think it possible, then, if premeditation could be proved, this would up the ante from manslaughter to first degree murder.

[Weedhopper]

Justice has been served, those still rioting are terrorists!

[Camp]

I would prefer it.

Will be worth following closely.

Would be happy to be wrong and get more time for the riot starter.

[Camp]

That could get it to 1st degree.

Surprised this would take so long to come out.

[altair1013]

Yes. He was murdered. So was the officer in Oakland and probably the one on life support in Vegas.