Andrew McCarthy: More Floyd murder charges — may be tougher to prove, hurt good cops
{{#rendered}} {{/rendered}}Prosecutors in Minnesota have filed an amended complaint against Derek Chauvin for the killing of George Floyd, adding a second-degree “felony murder” charge. This dangerously flawed theory could be used to portray any police restraint of a resistant suspect as criminal assault.
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The amended complaint against Chauvin also re-alleges the two homicide charges originally filed last week: third-degree “depraved indifference” murder and second-degree manslaughter, both of which better fit the facts of the case while posing no risk of criminalizing the legitimate use of force by good cops.
{{#rendered}} {{/rendered}}Separately, the other three fired Minneapolis police officers involved in the killing have been charged, after a week of demands by the Floyd family, as well as intense anti-police rhetoric (and worse) by Black Lives Matter activists and protesters.
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Tou Thao, J. Alexander Kueng, and Thomas Lane are charged with aiding and abetting both second-degree murder (the new charge against Chauvin) and manslaughter.
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Weirdly, under the circumstances, the three are not charged with the “depraved indifference” murder count; nor are they accused of committing manslaughter as principals — they are charged only as aiders and abettors, a theory that does not jibe with a negligence charge such as second-degree manslaughter (which is negligent homicide under Minnesota law).
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