Daily PUMA Column - Commentary by Alessandro Machi

Monday, June 1, 2020

The Case for Murder-1 for George Floyd's torturer.

2019 Minnesota Murder-1 Statutes



609.185 MURDER IN THE FIRST DEGREE.

(a) Whoever does any of the following is guilty of murder in the first degree and shall be sentenced to imprisonment for life:

(7) causes the death of a human being while committing, conspiring to commit, or attempting to commit a felony crime to further terrorism and the death occurs under circumstances manifesting an extreme indifference to human life. 

Condensed, the wording would be "causes the death of a human being while committing a felony crime to futher terrorism and the death occurs under circumstances manifesting an extreme indifference to human life".

  • We all saw the Indifference to Human life that lasted 9 minutes. 
  • What is the felony crime "to further terrorism"? After Mr. Floyd was on the ground on his stomach, handcuffed, was not struggling, and began communicating his discomfort minute after agonizing minute, and bystanders were begging and pleading for Police Officer to take his knee off of Mr. Floyd's neck The Police Officer was felony "Disturbing the Peace" with each passing minute
  • Disturbing the Peace is normally a misdemeanor, but, if the disturbing actions are slowly resulting in an avoidable death and is witnessed by others, then that would elevate it to a Felony "Disturbing the Peace". 
  • The proof of Felony "Disturbing the Piece" is in the Good Samaritan video. The audio reveals several people begging the officer to stop kneeling on the victim's neck. The Bystander's begging and pleading went on for several agonizing minutes. The officer has now become the terrorist, terrorizing not only the victim, but the bystanders who had no way to intervene to prevent what they believed would be the death of George Floyd, and instead were forced to helplessly watch Mr. Floyd die in front of their eyes. 

  • How can the Prosecution prove the Officer's action were an Act of Terrorism? By interviewing those who personally witnessed the entire encounter and see if they now have PTSD. A purposeful yet preventable death that creates justifiable PTSD in the bystanders who witnessed it is grounds for labeling the act an Act of Terrorism. Just because the Officer was wearing a police uniform does not grant the Officer the freedom to act like a terrorist.
  • An act that is clearly seen by others to be life threatening, and an action that did not have to be made in a split decision moment but was rather an ongoing decision that lasted over 9 minutes and ended the alleged suspect's life, is both an act of Terrorism and Felony Disturbing the Peace because the act of preventing the witnesses from interceding or risk a similar fate creates PTSD. 

According to Minnesota Murder-1 law, The components of Murder-1 #7, includes a Felony, (Felony Disturbing the Peace), while committing an act of Terrorism and manifesting an extreme indifference to human life, all are there to be harvested and presented in a court of law.

What about pre-meditation? Is any of the above Pre-meditated? That will be up to the lawyers to prove. So many other elements are already in place that seem to prove a higher charge than Murder-3 is in order.

if we discern pre-meditation to mean the officers mind was already made up and he wasn't going to change his mind even as the bystanders and Mr. Floyd begged him to stop kneeing him in the neck, perhaps that is pre-meditation? In other words, due to the length of the torture, Mr. Floyd had time to contemplate a different course of action and he seem steadfast and resolved in not listening to anyone else. That seems like a pre-meditated course of action, no? This wasn't a bang bang moment where an officer has to make a split second decision and then has to live with the consequences, this was literally 540 one second increments in which the police officer could have changed course based on an overwhelming evidence being provided to him by Mr. Floyd and the pleading bystanders.


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