Minneapolis: Three former officers who with Derek Chauvin during the arrest which caused the death of George Floyd facing federal trial this week on charges they violated the civil rights of the black man.
Jury selection began on Thursday in the Federal case against J.
Kueng, Thomas Lane and Tou Thao.
What happened? Floyd, 46, died on May 20, 2020, after Chauvin put his knee on the neck Floyd and pinned to the road for 9 1/2 minutes when he was confronted by air and panting.
Kueng knelt on Floyd’s back and Lane held Floyd’s feet.
Thao continues to intervene.
The Federal Chargeskueng, Lane and Thao was widely accused of deliberately depriving Floyd of his constitutional rights while acting under color of law ‘,’ ‘or Government Authority.
Chauvin pled guilty to one count of violating the civil rights Floyd and will not be judged by former colleagues.
Thao and Kueng was charged with deliberately violating Floyd right to be free from unreasonable seizure by not intervening to stop Chauvin.
The charges say they know what to do Chauvin and Floyd handcuffed, innocence and eventually unresponsive.
It is unclear why Lane, who holds the feet Floyd, is not mentioned in that amount, but the evidence shows he was asked twice if Floyd had to be rolled on its side.
Kueng, Lane and Thao all charged with deliberately depriving of liberty without due process, in particular usurped the right to be free from medical indifference.
The indictment said the three men saw Floyd require medical treatment and willfully failed to help him.
The second count alleges officers actions resulted in the death of Floyd.
How different from the case of the state? Three officers were also charged in District Court with aiding and abetting murder and homicide.
State prosecutor must prove attendant helped Chauvin commit murder or murder, while the federal prosecutor must show that they are violating the rights of Floyd, basically by failing to intervene or provide medical assistance.
Mark Osler, a former federal prosecutor and now a professor at the University of St.
Thomas School of Law, to draw this distinction: the state’s case is about what the officer, and the federal case is about what they did not do.
State trial is scheduled to begin June 13th.
Prosecutsto rarely bring federal charges in deaths involving police, prosecutors must believe that an officer acting on “ color of law, ” or governmental authority, and deliberately lose someone of their constitutional rights, deliberately.
including the right to be free from unreasonable seizure or use unreasonable force.
It was a high legal standards; Accidents, bad judgment or simple negligence on the part of officers is not enough to support the federal charges.
Basically, the prosecutor must prove that the officers know what they are doing wrong and still do.
Historically, federal charges have been brought after the state’s case is not successful, Phil Turner, a former federal prosecutor said the other.
He pointed to the 1991 Rodney King police as an example.
After the clerk Los Angeles acquitted in state court, federal charges were brought ‘because the system failed state and is clear to everyone that it was a miscarriage of justice, “said Turner.
Two of the four officers were eventually convicted in federal court.
Most of the fatal shooting of a high profile by police in recent years have not resulted in federal charges, though activists are calling them.
an exception is the case of Michael Slager, a police officer White South Carolina who fatally shot Walter Scott in the back when a black man aged 50 years who was unarmed running of stop traffic in 2015.
Slager state murder case ended with a hung jury and istribusi in 2016.
A year later, he pleaded guilty in federal court to violating the civil rights of Scott; Prosecutors had demanded a state murder charges.
Slager was sentenced to 20 years.
Over the last 20 years, some corrections officer has been convicted of melangga r civil rights of prisoners who have died after they were denied medical treatment – sometimes after the attack.
Allegations involving deprivation of medical care is similar to the third number of former officials facing death Minneapolis Floyd.
What sentence they could face? Federal Civil Rights Violations resulting in death can be sentenced to life in prison or even death, but the sentences are extremely rare.
Federal sentencing guidelines rely on a complicated formula that showed the clerk will get far less if convicted.