Lane pulled the victim from the vehicle and handcuffed him. ![]() After the victim refused to comply with officer directions, Lane drew his firearm and ordered the victim to leave the vehicle for which he refused. The victim attempted to hide fentanyl tablets by swallowing them. The Minneapolis Police Department Officers: Alexander Kueng and Thomas Lane arrived and confronted the victim behind a Mercedes steering wheel. Cup Foods reported the victim to the Minneapolis Police Department including that was intoxicated. On May 25, 2020, Floyd (the victim) used a counterfeit $20 bill at Cup Foods in Minneapolis. ![]() ![]() Statutes -interpretation of statutory provisions- words and phrases-persons and offenders- where pursuant to the Minnesota Statute § 244.10 subdivision 5a(a) (10), it was a ground for departure where the offender committed the crime as part of a group of three or more persons who all actively participated in the crime- where the Sentencing Guidelines were similar to the provisions of the Minnesota Statute § 244.10 subdivision 5a(a) (10) but narrower by stating that the offender committed the crime as part of a group of three or more offenders who all actively participated in the crime- where inconsistency was created by the Sentencing Guidelines 2012 amendments that replaced the word persons with offenders- whether offenders and persons were synonyms- Sentencing Guidelines 2012 amendments Minnesota Statute § 244.10 subdivision 5a(a) (10) Minnesota Sentencing Guidelines.Ĭriminal law -sentencing- aggravated sentencing- factors for aggravated sentencing- whether any of the four aggravated sentencing factors: (a)that the defendant abused a position of trust and authority (b) that the defendant treated the victim with particular cruelty (c) that children were present during the commission of the offense and (d) that the defendant committed the crime as a group with the active participation of three other individuals, demonstrated that the defendant’s conduct in connection with the offense for which he had been convicted rendered his conduct significantly more serious than that typically involved in the commission of such an offense- whether the presence of any of the four aggravated sentencing factors supplied a substantial and compelling reason for imposing an aggravated sentence of more than the 180-months top-of-the-guidelines range- Minnesota Statutes § 609.175, subdivisions 1 and 2 Minnesota Sentencing Guidelines, Murder Second Degree, subdivision 2(1), sentenced 2010-2019. Reported by Faith Wanjiku and Bonface NyamweyaĬriminal law - arrest-refusal of arrest- use of reasonable force to arrest an offender who refused arrest- unreasonable force in holding a handcuffed offender- where the victim who had used a counterfeit $20 bill at Cup Foods in Minneapolis refused arrest claiming he was claustrophobic, anxious and could not breathe- where the victim continued to resist arrest and the defendant placed him in a maximal restraint technique- where two of the defendant’s fellow officers held the victim’s legs and the defendant knelt on the victim’s neck and back- where the defendant continued kneeling on the victim’s neck for more than nine minutes and forty seconds despite the victim’s pleas that he could not breathe-whether the defendant’s kneeling on the victim’s neck for more than nine minutes and forty seconds despite the victim’s pleas that he could not breathe amounted to cruel treatment and abuse of his position of authority by using unreasonable force to hold the handcuffed victim in a prone position leading to positional asphyxia.Ĭriminal law -offences-murder- second class murder- ingredients for second class murder- where the defendant knelt on the victim’s neck for more than nine minutes and forty seconds despite the victim’s pleas that he could not breathe, thus using unreasonable force to hold the handcuffed victim in a prone position leading to positional asphyxia- whether the defendant’s act of kneeling on the victim’s neck for more than nine minutes and forty seconds, inhibiting his ability to breathe, amounted to the victim’s murder- what was the defendant’s degree of murder- Minnesota Statutes § 609.175, subdivisions 1 and 2. State of Minnesota v Derek Michael Chauvin
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