The murder of George Floyd is a disturbing situation with deep professional and personal implications for those involved. For months, Minneapolis Police Detective Peter Skojec made it clear that he would pursue the killer, despite being requested by the defense, why he had been chasing a person who posed no threat whatsoever to the public. Now, in the days after the shooting, the questions are raised regarding the murder charges against these three cops were initially registered. Why were the fees finally dropped?
According to the Minneapolis Star-Tribal, Minneapolis prosecutors announced last month that they wouldn’t be pursuing aggravated assault charges from the three cops involved in the deadly shooting of George Floyd. Instead, they will seek out second-degree murder charges against them, bringing into question the validity of the first grand jury indictment. Defense attorney Dan Guterman indicated that this decision was made in part because of the evidence against both cops. “We’ve had a opportunity to check at the signs that the state presented in this instance, and we’ve concluded that there is insufficient probable cause to present a basis for these charges,” he explained.
Guterman included,”I believe the real tragedy here is the effect this may have on the death penalty cases across the nation. If a prosecutor doesn’t demonstrate enough probable cause to pose a sufficient degree of evidence so as to meet the requirements of the statute, then obviously the defendant has to be shown beyond a reasonable doubt that he didn’t commit the crime. There has to be a preponderance of evidence so as to satisfy this burden, meaning that there needs to be more than a reasonable doubt.” To put it differently, prosecutors must have the ability to show beyond a reasonable doubt that the defendant committed the crime in question. If they can’t do so, the situation will most likely be dropped.
Florida’s second-degree manslaughter legislation has some interesting elements, too. Much like our common felony prices, a second-degree felony has certain minimum and maximum penalties, in addition to distinctions under which elements a prosecutor can use to prove the case. As an instance, the minimum sentence a prosecutor can bring to obtain a first-degree murder conviction is 10 decades. He can only bring this fee if he can establish beyond a reasonable doubt that the killing was willful.
The same is true for second-degree murder. If he can not prove beyond a reasonable doubt that his client is guilty of second-degree murder, he could still be charged with premature murder. There are some exceptions, like when the suspect kills another person during the commission of a drug crime, he may be qualified for the maximum punishment under Florida law, although he was not actually involved with the selling of these drugs. The exact same is true for first-degree murder, too.
One more intriguing detail from all the George Floyd advice is that the autopsy report matched the police report of his departure, with some discrepancies. The report suggested a broken jaw bone, which were inconsistent with his dental records and dental records did not indicate any broken or fractured bones. In addition, the medical examiner didn’t find any signs of a battle, another element that is consistent with an accidental death. This circumstance, along with the other from Florida in which a man died in custody after being beaten to death, raises questions regarding how authorities identify the source of injuries sustained during arrest.