Originally Posted by
dawg80
It is in a case like this. The police officer using the kneeling method of restraint was following accepted MOs and using a technique he had been trained in. He, and others, have used that method before, and no one died because of it. One would have to believe, and then PROVE, since the burden of proof is on the prosecution, that the officer(s) knew that day, in that 8 minutes of time, he was killing George Floyd.
IF (big IF) that method of kneeling to hold down a suspect had resulted in numerous deaths, then there would be more evidence, facts, to support the notion Floyd was killed on purpose. Like shooting someone with a heavy firearm, a .357-Magnum, for instance and claiming later...Well, I had no idea it would kill the dude!...yeah, right. It is common knowledge that a .357-Mag kills people quite easily. But, in this case a heretofore nonlethal technique was used...
Also, police are authorized to use deadly force when warranted. The laws that apply to average citizens simply do not apply to police officers in the course of their duty. For instance, can you hand-cuff someone and take them off somewhere, lock them up, based on the assumption they have committed some kind of crime? The police can. We would be arrested and charged with kidnapping, and other things...in this case those officers were authorized to use that restraining method.
No criminal activity took place...none. Mens rea notwithstanding. NO CRIME COMMITTED.
But, the Floyd family, someone legally allowed to, can sue for wrongful death, a civil case. I think there is enough there for that.