Chauvin - Guilty or no?

[DMN]

Originally Posted by Vivitron [You must be logged in to view images. Log in or Register.]

I gave my answer -- Potter doesn't appear to be guilty of the felony (assault) that predicated Chauvin's felony murder charge, and I'm not commenting on Noor because I don't remember the case.

As far as I can tell using second degree manslaughter as the predicate felony for felony murder is not done, despite the lack of mention in the statute. If you manage to find an example of it being used that way or something prohibiting that use let me know. Now I'm curious.

The only reason I mentioned the manslaughter is that they were already charging it and in fact convicted on it, and in noor/potter they also charged it. This the Minnesota statue for assault in the third degree:

Subdivision 1.Substantial bodily harm. Whoever assaults another and inflicts substantial bodily harm may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

So let's do a quick quiz: Is someone kneeling on your neck/back going to cause more bodily harm than someone shooting you in the chest with a gun?

*jeopardy music*

[Vivitron]

Originally Posted by DMN [You must be logged in to view images. Log in or Register.]

The only reason I mentioned the manslaughter is that they were already charging it and in fact convicted on it, and in noor/potter they also charged it. This the Minnesota statue for assault in the third degree:

Subdivision 1.Substantial bodily harm. Whoever assaults another and inflicts substantial bodily harm may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.

So let's do a quick quiz: Is someone kneeling on your neck/back going to cause more bodily harm than someone shooting you in the chest with a gun?

*jeopardy music*

The point I wanted to make was to correct your misconception that intent to kill was an element of the charges against Chauvin. I'm confused as to why you're quizzing me on Potter.

The statutes define assault as "(2) the intentional infliction of or attempt to inflict bodily harm upon another". The jury instruction for Chauvin states that in part as "intentionally applied unlawful force". I don't think that fits Potter; she intended to lawfully taser the victim.