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originally posted by: butcherguy
The toxicology report will introduce doubt during the trial. If the man had enough fentanyl in his system to kill him, it will be difficult to prove that the knee killed him. I think that Chauvin will walk free.
Oh, and far as the victim calling that he couldn't breathe, he said that before they ever had him on the ground and long before the knee came into play. OD on fentanyl... you can't breathe.
The charge was raised to 3rd degree murder last week to ensure that Chauvin walks free. Much harder to prove intentional murder.
Judge Peter Cahill on Thursday granted prosecutors' motion to reinstate the third-degree murder charge, which would require a lower standard of proof than second-degree. In order to convict Chauvin of second-degree murder, prosecutors would need to prove beyond a reasonable doubt that Chauvin caused Floyd's death while committing or attempting to commit a related felony, in this case third-degree assault.
To win a conviction on third-degree murder, prosecutors would need to prove that Chauvin caused Floyd's death in an act that is "eminently dangerous" to others. The additional count adds another option for jurors to consider as they weigh charges against Chauvin, which legal experts say is a benefit for prosecutors.
Judge reinstates third degree murder