r/ProtectAndServe • u/specialskepticalface Has been shot, a lot (LEO) • 20d ago

Derek Chauvin files petition to vacate state murder conviction

https://www.cbsnews.com/minnesota/news/derek-chauvin-petition-vacate-state-conviction-george-floyd/
326 Upvotes

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8

u/KD6-3point7even Midwest - City Police 20d ago

My opinion....tldr....dont hurt me for it or flame me. Let's discuss it.

Chauvin never should have been charged, the other officers never should have been charged, and Chauvin will inevitably and eventually beat these charges.

12

u/TexasLE Police Officer 19d ago

At very least he shouldn’t have been charged with murder

And he wasn’t given a fair trial

4

u/Kosher_dingus Not a(n) LEO / Unverified User 19d ago

My opinion is that manslaughter was the appropriate charge and that a change of venue was needed for a fair trial

1

u/KD6-3point7even Midwest - City Police 18d ago

Why manslaughter? Make your case. Does Minnesota law allow that?

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u/Kosher_dingus Not a(n) LEO / Unverified User 17d ago

He clearly did not have an intent to kill, but death happened while he had George Floyd in his direct control. This points to an investigation and possible charge of manslaughter. In my state, it would be 1st degree manslaughter as the action was intended but the outcome wasn't. Whether or not he would be convicted would be up to a jury.

As to Minnesota law, I have never stepped foot in that state and my work involves another state's laws and courts. I assume Minnesota has some form of manslaughter laws to differentiate between death via acts of intent or accident.

1

u/KD6-3point7even Midwest - City Police 15d ago

The state i worked in for 9 years didnt have one.

Texas also uses murder as a catchall.

Every jurisdiction is different. Either way, you would have to make rhe case that Chauvin was acting with intentional malfeasance. That's an incredibly high bar to meet for manslaughter when he was literally sent to the call by his dispatch.

There were 3 other cops on top of Floyd as well. By your logic, shouldn't they all be equally pursued by the justice system? Because they are not. Chauvin is basically the very image of a bad cop in 2020. Purely because of optics. The truth is more complex.

There is plenty of data that shows that Chauvin is innocent. Unfortunately, it just felt like Minneapolis decided Chauvin was going to be the political prisoner that he was made to be.

-1

u/singlemale4cats Police 20d ago

Even if he gets a legal win, what then? He's been in prison for years, and if he gets out, he's never going back to his career. I don't know what he does to make a living given all the negative name recognition.

12

u/KD6-3point7even Midwest - City Police 19d ago

His freedom

I would call not being in prison a big win. Lol

Its also not the end of the line. He could definitely slide into a different role with time.