What will happen to the 3 ex-officers in the George Floyd's murder trial?
According to legal experts, Derek Chauvin's convection on all counts three counts, including murder and manslaughter in the death of George Floyd now presents a problem for the three of his officers who will soon stand trial.
How the scene unfolded:
Minneapolis Police received a call that George Floyd was passing a counterfeit $20 bill at the Cup Foods.
The first to arrive were officers Thomas Lane and Alexander Kueng.
Rookie Lane who had only been on the police force for a few days ordered George Floyd out of the car.
George Floyd was already in handcuffs by the time 19 year veteran Derek Chauvin arrived with his partner Tou Thao.
ALEXANDER KUENG, 27
According to prosecution, Alexander Kueng kneeled on Geroge Floyd's back while holding his wrist.
When he checked George Floyd's pulse, proceution attested that he made the statement "I couldn't find one."
THOMAS LANE, 38
According to them, George Floyd vocally expressed objection when being ordered into the back of a police car.
At that time, Thomas Lane and fellow officer Kueng both assaulted Floy'd until he was subdued on the ground.
According the report, Lane kneeled on George Floyd's legs while holding them down.
TOU THAO, 35
By the time that Tou Thao arrived with Chauvin, George Floyd was in handcuffs.
Thao could be seen in the online viral video standing between officers and angry onlookers with an expression of indifference to the suffering of Geroge Floyd when he looked back multiple times and saw what was happening.
Thao even went as far as to hold out his hand to keep concerned citizens back from helping Floyd.
Bail for each officer was set at $750,000 which was somehow posted.
All former officers will be tried together in the coming summer.
Aiding and abetting second-degree murder
Aiding and abetting second-degree manslaughter
They face a maximum 40 years in prison if they're found guilty of aiding and abetting second-degree murder.
They can also get an additional 10 years for the charge of aiding and abetting second-degree manslaughter.
609.05 LIABILITY FOR CRIMES OF ANOTHER.
(Source: The Revisor's Office )
Subdivision 1.Aiding, abetting; liability. A person is criminally liable for a crime committed by another if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures the other to commit the crime.
Subd. 2.Expansive liability. A person liable under subdivision 1 is also liable for any other crime committed in pursuance of the intended crime if reasonably foreseeable by the person as a probable consequence of committing or attempting to commit the crime intended.
Subd. 3.Abandonment of criminal purpose. A person who intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit a crime and thereafter abandons that purpose and makes a reasonable effort to prevent the commission of the crime prior to its commission is not liable if the crime is thereafter committed.
Subd. 4.Circumstances of conviction. A person liable under this section may be charged with and convicted of the crime although the person who directly committed it has not been convicted, or has been convicted of some other degree of the crime or of some other crime based on the same act, or if the person is a juvenile who has not been found delinquent for the act.
Subd. 5.Definition. For purposes of this section, a crime also includes an act committed by a juvenile that would be a crime if committed by an adult.
History: 1963 c 753 art 1 s 609.05; 1986 c 444; 1991 c 279 s 22,23
609.19 MURDER IN THE SECOND DEGREE.
Subdivision 1.Intentional murder; drive-by shootings. Whoever does either of the following is guilty of murder in the second degree and may be sentenced to imprisonment for not more than 40 years:
(1) causes the death of a human being with intent to effect the death of that person or another, but without premeditation; or
(2) causes the death of a human being while committing or attempting to commit a drive-by shooting in violation of section 609.66, subdivision 1e, under circumstances other than those described in section 609.185, paragraph (a), clause (3).
Subd. 2.Unintentional murders. Whoever does either of the following is guilty of unintentional murder in the second degree and may be sentenced to imprisonment for not more than 40 years:
(1) causes the death of a human being, without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting; or
(2) causes the death of a human being without intent to effect the death of any person, while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the perpetrator is restrained under an order for protection and the victim is a person designated to receive protection under the order. As used in this clause, "order for protection" includes an order for protection issued under chapter 518B; a harassment restraining order issued under section 609.748; a court order setting conditions of pretrial release or conditions of a criminal sentence or juvenile court disposition; a restraining order issued in a marriage dissolution action; and any order issued by a court of another state or of the United States that is similar to any of these orders.
History: 1963 c 753 art 1 s 609.19; 1981 c 227 s 10; 1992 c 571 art 4 s 6; 1995 c 226 art 2 s 16; 1996 c 408 art 4 s 8; 1998 c 367 art 2 s 8; 2015 c 21 art 1 s 99
609.205 MANSLAUGHTER IN THE SECOND DEGREE.
A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or
(2) by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or
(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or
(4) by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner's premises, or negligently failing to keep it properly confined; or
(5) by committing or attempting to commit a violation of section 609.378 (neglect or endangerment of a child), and murder in the first, second, or third degree is not committed thereby.
If proven by a preponderance of the evidence, it shall be an affirmative defense to criminal liability under clause (4) that the victim provoked the animal to cause the victim's death.
History: 1963 c 753 art 1 s 609.205; 1984 c 628 art 3 s 11; 1985 c 294 s 6; 1986 c 444; 1989 c 290 art 6 s 5; 1995 c 244 s 14