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re: Protests blowing up in Downtown Birmingham

Posted on 6/4/20 at 12:07 pm to
Posted by mre
Birmingham
Member since Feb 2009
3090 posts
Posted on 6/4/20 at 12:07 pm to
quote:

Assault doesn't work, because that's the same act that killed him (if you shoot someone and they die you don't get convicted of both assault and murder, just the worse of the two).

Assault is the very felony they've charged him with: assault in the third degree. https://www.documentcloud.org/documents/6935817-Chauvin-Amended-Criminal-Complaint.html
Posted by JustGetItRight
Member since Jan 2012
15715 posts
Posted on 6/4/20 at 12:14 pm to
That's what I figured - but they're going to have to say that the assault and the assault that killed him were two different ones. That's were the other officers' testimonies will be important.

I've been a witnesses in a case in Alabama where the defendant was charged with assault and resisting arrest got the assault charge tossed because it was the same fight.
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