No one can stay conscious for 9 minutes and 23 seconds with a knee on their neck. They would lose consciousness and eventually die which is what happened to George Floyd when officer Chauvin knelt on Floyd’s neck. Police are called upon in life’s difficult moments and they are trained to respond correctly which didn’t happen in the Floyd case. This is most troubling. It means George Floyd didn’t just die. In a sense he was murdered which is why Chauvin was charged and tried for: 1. second-degree murder, 2. third-degree murder and 3. second-degree manslaughter.
Under our law, a person is guilty of Murder in the Second
Degree when, under circumstances evincing a depraved
indifference to human life, he or she recklessly engages in
conduct which creates a grave risk of death to another person,
and thereby causes the death of that person. Officer Derek Chauvin was charged with that crime. The question is was that in his heart? No one knows because of the presence of people shouting while Chauvin was kneeling on Floyd.
Minnesota law originally defined third-degree murder solely as depraved-heart murder (“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”. In the case of Derek Chauvin it seems to be the same as Second Degree Murder.
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