Andrew McCarthy: George Floyd's death – what we do and don't know now

Things are often more complicated than they appear at first blush. That is certainly the case with the murder of George Floyd, with which former Minneapolis police officer Derek Chauvin was charged in a complaint filed on Friday.

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For one thing, contrary to most people’s assumption, Floyd appears not to have died from asphyxia or strangulation as Chauvin pinned him to the ground, knee to the neck. Rather, as alleged in the complaint, Floyd suffered from coronary-artery disease and hypertensive-heart disease.

The complaint further intimates, but does not come out and allege, that Floyd may have had “intoxicants” in his system. The effects of these underlying health conditions and “any potential intoxicants” are said to have “combined” with the physical restraint by three police officers, most prominently Chauvin, to cause Floyd’s death.

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As I’ve noted, Hennepin County prosecutors have charged Chauvin with third-degree depraved-indifference homicide. Now that the complaint has been released publicly, we see that a lesser offense was also charged: second-degree manslaughter. This homicide charge involves “culpable negligence creating an unreasonable risk” of serious bodily harm, and carries a maximum sentence of ten years’ imprisonment.

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It is easy to see why prosecutors added this charge (and why they shied away from more serious grades of murder described in my column). The case is tougher for prosecutors if there is doubt about whether Chauvin’s unorthodox and unnecessary pressure on Floyd’s neck caused him to die.

Had he been strangled, causative effect of the neck pressure would be patent. But if the neck pressure instead just contributed to the stress of the situation that triggered death because of unusual underlying medical problems (possibly in conjunction with intoxicants Floyd may have consumed), it becomes a harder murder prosecution.

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