A Virus in the Mind [racism] Blocks Prosecutors from Seeing Probable Cause of Any Crime on Video of White Cop Torturing Restrained Black Man to Death: Still No Charges, Not Even for Assault

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When Does a Prosecutor Have this Much Objective, Non-testimonial Evidence of Murder? From [HERE] During a press conference Thursday evening, state and federal law enforcement officials said their agencies plan to thoroughly investigate the death of George Floyd. 

At the press conference, U.S. Attorney Erica MacDonald opened by saying, "We thought we would have another development I could tell you about, unfortunately, we don't at this point." 

MacDonald went on to say the U.S. Attorney's Office and the FBI are conducting a 'robust and meticulous investigation." [more]

However, no charges for any crime have been filed against any of the cops involved in the violent death of Floyd.

Above, Hennepin County Attorney Mike Freeman hasn’t found enough facts yet to charge any cops of any crime they committed.

In Minnesota prosecutors must seek an indictment from a grand jury for offenses for charges such as 1st degree murder that are punishable by life imprisonment. However, prosecutors may directly charge for all other offenses such as 2nd or 3rd degree murder or 1st or 2nd degree assault (use of knee as weapon) or misdemeanor assault.

In the George Floyd matter, the white county and federal prosecutors have the discretionary authority to charge the white cop involved with 2nd or 3rd degree murder, manslaughter or 1st degree assault or 2nd degree assault (use of knee) or alternatively they could charge him with misdemeanor 4th or 5th degree assault. The asian cop involved could be charged as an assessor or accomplice. Once charged the prosecutors then has the discretionary authority to upgrade any of the above charges. Thus far, racist suspect county and federal prosecutors have not used their discretion to do so.

In the lex-icon the appearance or illusion of justice is the only thing the criminal courts produce. Here, racist suspect authorities have failed to even look like they are taking this seriously. The charges discussed above are presented below in relevant part only from Minnesota Statutes (2020)

609.19 MURDER IN THE SECOND DEGREE

Subdivision 1.  Intentional murder; drive-by shootings. — Whoever does either of the following is guilty of murder in the second degree and may be sentenced to imprisonment for not more than 40 years:(1) causes the death of a human being with intent to effect the death of that person or another, but without premeditation; or(2) causes the death of a human being while committing or attempting to commit a drive-by shooting in violation of section 609.66, subdivision 1e, under circumstances other than those described in section 609.185, paragraph (a), clause (3).

609.195 MURDER IN THE THIRD DEGREE

(a) Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years.

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609.20 MANSLAUGHTER IN THE FIRST DEGREE

Whoever does any of the following is guilty of manslaughter in the first degree and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $ 30,000, or both:

(1) intentionally causes the death of another person in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary self-control under like circumstances, provided that the crying of a child does not constitute provocation;

(2) violates section 609.224 and causes the death of another or causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was reasonably foreseeable, and murder in the first or second degree was not committed thereby;

609.205 MANSLAUGHTER IN THE SECOND DEGREE

A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $ 20,000, or both:

(1) by the person’s culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another;

609.221 ASSAULT IN THE FIRST DEGREE

Subdivision 1.  Great bodily harm. — Whoever assaults another and inflicts great bodily harm may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $ 30,000, or both.

609.222 ASSAULT IN THE SECOND DEGREE

Subdivision 1.  Dangerous weapon. — Whoever assaults another with a dangerous weapon may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $ 14,000, or both.

Subd. 2.  Dangerous weapon; substantial bodily harm. — Whoever assaults another with a dangerous weapon and inflicts substantial bodily harm may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $ 20,000, or both.

Subd. 4.  Assaults motivated by bias. 

(a) Whoever assaults another because of the victim’s or another’s actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $ 3,000, or both.

609.2231 ASSAULT IN THE FOURTH DEGREE

Subd. 4.  Assaults motivated by bias. 

(a) Whoever assaults another because of the victim’s or another’s actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origin may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $ 3,000, or both.

609.224 ASSAULT IN THE FIFTH DEGREE

Subdivision 1.  Misdemeanor. — Whoever does any of the following commits an assault and is guilty of a misdemeanor:(1) commits an act with intent to cause fear in another of immediate bodily harm or death; or(2) intentionally inflicts or attempts to inflict bodily harm upon another.

Subd. 2.  Gross misdemeanor. (a) Whoever violates the provisions of subdivision 1 against the same victim within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $ 3,000, or both.(b) Whoever violates the provisions of subdivision 1 within three years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $ 3,000, or both.