EXPLAINER: What are charges against Chauvin in George Floyd's death?

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he 12 jurors deliberating the case against Derek Chauvin will have three counts to consider as they weigh whether he is responsible for the death of George Floyd.

Chauvin is charged with second-degree unintentional murder, third-degree murder and second-degree manslaughter. The case comes down to two key questions - whether Chauvin caused Floyd's death and whether his actions were reasonable - and each charge requires a different element of proof as to Chauvin's state of mind.For all three charges, prosecutors had to prove that Chauvin caused Floyd's death and that his use of force was unreasonable.

The charges differ when it comes to Chauvin's state of mind - with second-degree murder requiring some level of intent - not an intent to kill but that Chauvin intended to apply unlawful force to Floyd - all the way down to manslaughter, which requires proof of culpable negligence.It's also called felony murder. To prove this count, prosecutors had to show that Chauvin killed Floyd while committing or trying to commit a felony - in this case, third-degree assault.

Defence attorney Eric Nelson tried to raise doubts about Floyd's cause of death - saying underlying heart issues and drug use were to blame. He also argued that Chauvin's actions were reasonable, saying Floyd was big, under the influence of something, could start fighting and that nearby bystanders presented a threat.

Dr. Martin Tobin, a lung and critical care specialist, testified for the prosecution that any healthy person subjected to this restraint would have died. Minneapolis Police Lt. Johnny Mercil, a use-of-force instructor, testified that officers are trained to “stay away from the neck when possible.” Osler said Police Chief Medaria Arradondo was also effective in showing that Chauvin was not trained to use such a hold.

 

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