The prosecution only has to prove beyond a reasonable doubt, because the likelihood of knowing 100% is next to nil.
There are a lot of humans out there that drink alcohol on a daily basis that can sustain blood alcohol values that would incapacitate an elephant and still function. Values mean very little without context, which is whether or not George was capable of functioning with levels of drugs in his system that may or may not cause cardiac arrest in non-adjusted people.
The cause of death has been listed as not being due to levels of drugs in his system, however the counties and an independent autopsy differ in whether George died due to heart failure or asphyxiation. Both still list the pressure exerted on the neck as causes which is important.
I think this warrants some discussion and it's not an easy answer, but the "beyond reasonable doubt" thing is why I say you can't blame the officer for murder. There IS reasonable doubt that Floyd would have survived if he had sufficient levels of opioids in his system to kill him anyway. Yes, someone who is opioid naive will have a more likely chance of dying from the typically "sufficient" dose but Floyd had 11 ng/dl when we have certified deaths at 3 ng/dl. This could have left him dead on a couch under normal circumstances without question. They also have claimed he had underlying health conditions as well.
The video clearly shows him resisting even while cuffed, and complaining about not being able to breath even while no one was doing anything beyond holding his arm.
If someone shoots you and while you're bleeding to death I punch you, I'm not responsible for murder unless they can prove the punch killed you and not the bullet/bleeding out. Am I still an azzhat for punching you? Yes. Should I still be charged? Sure - but not for murder.
Both autopsies are fairly similar.
The Baker Autopsy he said, concluded the death was a homicide by "law enforcement subdual, restraint, and neck compression."
However, he also said this in his autopsy: "If he were found dead at home alone and no other apparent causes, this could be acceptable to call an OD. Deaths have been certified with levels of 3....That is a fatal level of fentanyl under normal circumstances."
3 is refering to ng/dl and he found Floyd to have had 11. This is why we have courts, the guy doing the autopsy can have an opinion, but he doesn't get to be judge and jury - and the people who reviewed the actual evidence obviously declined bringing charges because there wasn't sufficient evidence of homicide or murder to bring charges to the officer.
Maybe he should be brought up on some other charges for the knee across the neck...not sure...it seems harsh for a cuffed person. Once you have someone cuffed, they are in your protection and if you can't control them, you should enlist the help of fellow officers if they are available I think....
I just don't know 100% beyond a reasonable doubt it was homicide/murder and I don't like the way it is portrayed in the media and how everyone just eats it up without critical thought....not saying you. There's no easy answer after someone is dead.
Yes, but I have to say it is rather interesting that the officers on the side of the door with Ashli and the other protestors moved aside, almost provoking her to proceed in her efforts to make her way through the window to be shot by officers on the other side.
I’m not really sure what to make of that as I am half asleep and am on my way out
What I find interesting is that only one officer fired his weapon period. Look at all the times people say, "Why did they have to shoot him so many times!?" Why? Because there were 5 officers there and they all determined the dead person was a threat and they all fired at once, and they all continued to fire until the threat was eliminated. They didn't draw straws and decide an order to shoot in or wait to see if one bullet worked, or 2, or 3, or 10. But they all made the same instantaneous decision which says A LOT.
In this case, one guy made the decision while everyone else made a different decision. I think this makes the situation somewhat questionable, but I'm still chalking it up as fair and while it may be a mistake, still justified.
You left out the amount of fentanyl. Please understand something. I do not think that the officer putting his knee across Floyd’s neck was justified in anyway. It wasn’t. But I’m telling you the amount of fentanyl in his body is what killed him. He was complaining about not being able to breathe before he was ever placed on the ground.
He was also fighting being put in the car, etc. at the same time. This is typical of opioid overdoses - they start to fight even when they cannot. My grandmother couldn't get up and walk for the last 5 years of her life, but while on the higher levels of fentanyl she would get angry and insist she could walk and try to get out of her chair, etc. As much as she could be sleeping at one moment, she'd be up fighting the next.
When my dad had surgery a while back they hit him up good with the Fentanyl and he did the same thing when he got out of surgery - after having had a stroke and not being able to use half his body and now just coming out of stomach surgery where he almost died from blood loss he was suddenly fighting to get out of bed.
In my experiences, both situations were easy enough to manage because both people were fairly immobile to begin with.
Opioids slow respiratory rate, they dont obstruct your airway. If someone is not breathing from respiratory depression due to high levels of exogenous opioids they just stop breathing or have a low respiratory rate (< 12 / min). It isn’t like “oh man, i feel like I cant breathe, I should probably make the conscious decision to breathe faster”. You dont just walk around saying you cant breathe simply because you’re high on opioids. Now, opioids can lead to aspiration from inhibition of the gag reflex which would then lead to the feeling of not being able to breathe, but if you cant breathe specifically from opioids you aint sitting there talking about how you cant breathe.
I agree they don't obstruct your airway, but they will slow and stop breathing and thus stop your heart. You will feel like you can't breath, but you won't have the control to increase your breathing rate if I'm not mistaken. And in the video Floyd is NOT having a normal conversation with the officers. He's mumbling and murmering but you can make him out saying he cannot breath.
And while he was mumbling like this, he was pushing with his legs, and struggling. Now, maybe the cops misinterpreted these and should have realized he was OD'ing and taken a different action, but if he won't calm down I can't blame them for misinterpreting. And of course, if he can't breath why would he calm down? He'd be scared as Fuark.
This is true, however if his respiratory rate was that depressed he wouldnt be conversant.
Could the knee across the side of the neck reduce blood flow to the brain via compression of the carotid artery? What if he had carotid stenosis on the other side and then the knee across the neck cut off the side his brain relied on to carry the load? A knee across the side of the neck could absolutely effect oxygen flow, low blood flow = no oxygen delivery.
He did have some underlying health conditions and apparently one of his arteries was 75% blocked. I am not defending the knee because it was dangerous regardless and COULD have caused death. I just think that the situation as a whole has too many complicating factors to be able to say specifically that the knee DID cause the death. I think there could be some reasonable doubt that he would have survived regardless. And another level to this tragedy is that, if someone knew he was ODing, perhaps the cops could have hit him up with some nolaxone instead and saved his life. But again, heat of the moment vs. hindsight.
Thats actually a great thought there. Meth was probably more at play if he was having a panic attack, as opioids have pretty strong anxiolytic properties.
You could be right on the panic part. He seemed pretty damned panicked from the audio i heard.
I think if I couldn't breath right, it would cause me to panic. Especially if I was trying to tell officers arresting me I was having a medical issue. And it could have been the mix of meth and fentanyl, etc.
Again, I don't know. The officer screwed up. Was it murder? I'm just not sure and it's hard to say because people get worked up over the media hype around it all and won't look at it based on the merits. I think there are multiple potential causes of death here and there is reasonable doubt. Does that make the officer 100% innocent? No.