Derek Sheldon, George Floyd, Derek Showman discussed on San Diego's Morning News with Ted and LaDona


The desert still tend tonight, Coast Up to 59 Today Inland 60, the mountains 49 desserts up to 83 Right now downtown. It looks like we do have some drizzle. It's cloudy. It's 59 Kogo News time is 8 11. The former Minneapolis police officer who knelt on George Floyd's neck for more than nine minutes last year was found guilty of all three charges against him, joining us on the Koga news, live line criminologists and civil rights attorney Brian Levin. He is also a professor of criminal justice and director of the Center for the Study of Hate and Extremism at Cal State San Bernadino. Good morning. Thank you. Just too many darn titles. Well, you know, we wanted to get that all in there because you're a very important man. So here we go. First of all, what's your reaction to the verdict? Well, do it three possible charges to murder charges and a manslaughter and I think based on the evidence presented It was it really It really was clearly guilty on all counts that the one thing that the defense really tried. To put most of its chips in wood, the issue of causation with regard to criminal law. You have an act to require the intent, and then you have to show that the prohibited harm Was caused by that act. What was interesting, Hear that? Listen to this. The murder charges were not about whether showman intended to kill What they were about with respect to second degree murder was that he intended to do in a soul. And in the course of that assault. The victim died. The second one is what we call depraved mind. Depraved heart murder. That's something which is even different. You engage in an act. It has such a reckless disregard it to pray. Just regard for human life. You don't necessarily want to take a human life. But your active such so dangerous. And get results. That's that's That's the thing. The murder three and manslaughter was really more around negligence. So you know, the defense was really trying to tow hold onto George Floyd's perhaps level of intoxication. They also, you know, autopsy results, um, that they were trying to say we're proved basically that he died essentially of a drug overdose and of heart failure. Can both of those things be true? Yes, but here's the thing. What it looks like here is that that suffocation was the butt for caused by the way. It doesn't under the law have to be the only cause. But it does have to be substantial and the bottom line is from all the expert testimony. Uh, taken together, along with the masterful presentation that road map that was laid out in the opening arguments, then buttress by all these experts. I think it was a pretty clear verdict for you know, looking someone like may by the way, one of the quick thing I'm former NYPD. There is nothing about what transpired with regard to the use of force. It is in any way related to any of the training that we have. In fact, it once countered to it. And remember the fact that George void within his custody made the duty of care Particularly important here is well, what type of time do you think that he will spend behind bars? Derek Sheldon? Wow. Well put under Minnesota. You'll see all kinds of things in the news where it says that you know the top murder charge. You can get 40 years, but for someone who has no criminal record The presumptive for each murder charges 12.5 and then another four for the manslaughter, which can get you up to up to 29. By the way here, they do things a little differently in Minnesota that we have. What we call lesser included offenses so you don't even touch those. You just go to the top of fence but bottom line. I think we're talking about 30 years, maybe more, because I think there's gonna be an upward departure from the Minnesota sentencing guidelines, which resemble the federal ones. Because of the cruelty. On also because I think prosecutors really wanted to send a message. And I think the judge and the judge is gonna be the one making the decision here show been waived this with respect to a jury. I think he's gonna be pretty strict. I think about 30 give or take is what we'll see. All right? Criminologists and civil rights Attorney Brian Levin with us here on the Kogan years live line. Thank you so much for your time and the info Thank you. Thank you. All right. Here. The story is training to be learned today that former Minneapolis officer Derek Showman is being held in restrictive housing. Following his conviction. Mayor Gloria says he will not cut four million from the police budget like he had initially proposed when he took office. Travel restrictions at the border will remain.

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