re potential criminal liability for Chauvin and two or three officers who watched Floyd repeat over and over "I can't breathe before dying. 1] outrage at Chauvin only being charged with 3rd degree murder which doesn't require prosecution to prove Chauvin had the intent to kill
but did display reckless indifference to the risk he might be seriously injuring or killing him. The length of time Chauvin had his knee on Floyd's neck, including significant time after hearing the victim say he couldn't breathe as well as at least a minute after
3] Floyd lost consciousness could easily provide proof of Chauvin's intent to kill him for second degree murder. It is possible that a new charge of 2nd degree murder can be brought upon development of other evidence but prosecutors usually charge the highest degree of a crime
4] that is supported by the evidence and then later accept a plea for a lesser offense. As for the other officers assisting in the arrest who heard Floyd's pleas: many have written or claimed that they could have been charged with 3rd degree murder based on accomplice liability.
5] However, to prove their liability under this theory, the prosecution would have to prove that they intentionally aided Chauvin's criminal conduct causing the death. Difficult burden of proof because they can readily claim their only "intent" was to assist Chauvin's arrest of
6] of the victim. There are less serious non homicide crimes that the assisting officers could be charged with or a federal civil rights crime like in the Rodney King episode but that case demonstrated the difficulty of proving an intent to violate the victim's civil rights.
7] It should be noted that in murder prosecutions where the defendant strangled his victim, prosecutors frequently rely on the time it takes to kill someone in this manner to support not only an intent to kill[2nd degree murder] but a premeditated intent to kill[first degree]
8]because of the time it takes to kill someone this way can support the inference that the Def. had ample time to stop what he was doing so his failure to do so suggests a premeditated killing. Sadly, prosecutors have never treated police defendants like the average def.
9] in homicide cases.
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