- Oct 20, 2013
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Minnesota Attorney General Keith Ellison has announced that the murder charge against Derek Chauvin has been upgraded from 3rd degree murder, to 2nd degree murder. The 2nd degree charge carries an addition 15 years of imprisonment possibility (from 25 years to 40).
Looking at the definitions of both of these charges, I can see a 3rd degree murder charge being feasible, but 2nd degree looks questionable. The question is >> what justifies it ? Ellison said at a news conference that evidence "supports a stronger charge" for Derek Chauvin, Ellison hasn't said what that evidence is. I haven't seen any news report saying WHAT evidence that is, that could support the upgrade.
Here are the definitions of both >
609.19 MURDER IN THE SECOND DEGREE.
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.
609.195 MURDER IN THE THIRD DEGREE.
(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.
(b) Whoever, without intent to cause death, proximately causes the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule I or II, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $40,000, or both.
It looks like 3rd degree (a) fits. 2nd degree could fit IF there is some evidence to show that Chauvin was "committing or attempting to commit a felony offense"
Here's the question. What felony offense would that be, that Chauvin could be said to have been committing, or attempting to attempting to commit ?
Ellison himself said >> "Trying this case will not be an easy thing. Winning a conviction will be hard." If he thinks that, why did he raise the charge to 2nd degree murder ? Could that have been poltically motivated, to gather support for him from the community ?
Looking at the definitions of both of these charges, I can see a 3rd degree murder charge being feasible, but 2nd degree looks questionable. The question is >> what justifies it ? Ellison said at a news conference that evidence "supports a stronger charge" for Derek Chauvin, Ellison hasn't said what that evidence is. I haven't seen any news report saying WHAT evidence that is, that could support the upgrade.
Here are the definitions of both >
609.19 MURDER IN THE SECOND DEGREE.
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.
609.195 MURDER IN THE THIRD DEGREE.
(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.
(b) Whoever, without intent to cause death, proximately causes the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule I or II, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $40,000, or both.
It looks like 3rd degree (a) fits. 2nd degree could fit IF there is some evidence to show that Chauvin was "committing or attempting to commit a felony offense"
Here's the question. What felony offense would that be, that Chauvin could be said to have been committing, or attempting to attempting to commit ?
Ellison himself said >> "Trying this case will not be an easy thing. Winning a conviction will be hard." If he thinks that, why did he raise the charge to 2nd degree murder ? Could that have been poltically motivated, to gather support for him from the community ?
New charges in George Floyd's death: Derek Chauvin faces second-degree murder; 3 other officers charged
George Floyd family attorney Benjamin Crump implored officials to hold the officers accountable in powerful remarks at the site of Floyd's killing.
www.usatoday.com
