re: George Floyd had the Covid-19

Posted on 6/4/20 at 12:13 am to LegendInMyMind

Posted by Obtuse1

Westside Bodymore Yo

Member since Sep 2016

30062 posts

Posted on 6/4/20 at 12:13 am to LegendInMyMind

quote:
Devil's Advocate:

An individual tested positive for a virus that is known to cause pulmonary distress to the point of requiring ventilation. The virus is also known to, in some cases, cause substantial clotting issues that can linger weeks after an individual has recuperated.
The individual also has tested positive for recent use/ingestion of one of the most powerful narcotic drugs that is known to slow breathing and potentially cause pulmonary distress.
Individual also shows signs of recent methamphetamine use which is known, with frequent use, to cause damage to numerous organs, including the heart and lungs.

The individual was ultimately brought into a stressful situation that saw great exertion and physical effort. That stress and exertion served to exacerbate his already documented fragile health.

It is a lot more complex than that. Criminal law has corollaries to the eggshell skull and crumbling skull doctrine of Common Law Torts. I haven't bothered to delve into MN case law but corona would be a non-issue if the bar was reached on murder or manslaughter. The opioid and amphetamine use might come into play but probably will depend on the metabolite levels.

In very general terms if I have a thin skull and a person illegally hits me in the head and kills me it makes no difference that it would not have killed any other person on the planet even if my thin cranium was a result of my own actions.

So even if someone had pneumonia, COVID, advanced COPD or some sort of congenitally weaken lungs once an illegal battery occurs the perpetrator is criminally responsible for what happens to the weakened victim not what would have happened to a healthy person.

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Posted by Obtuse1

Westside Bodymore Yo

Member since Sep 2016

30062 posts

Posted on 6/4/20 at 12:50 am to cssamerican

quote:
Am I reading the report correctly?
He tested positive for all of the following:
Marijuana
Fentanyl
Methamphetamine
Morphine
He had several arteries in which restriction equal or exceeded 75%
He had sickle cell disease
He had COVID19

Correct with one caveat. The Morphine was from the urine so it would be free Morphine which is a metabolite of opioids like heroin, opium, and RX pill form. So he may not have taken Morphine per see. I don't think the body can break down designer opioids like Fentanyl and Carfentanyl to free Morphine but not 100% sure.

The thing to keep in mind is as long as the findings did not indicate he was going to die then and there without the intervention of the cop outside of jury nullification it is irrelevant. The drugs (not familiar with the intoxication levels in blood for the various drugs) could be used to argue more force was necessary to subdue Floyd but that pesky ~3 minutes after no pulse was found is a real issue.

The moment a persons actions became illegal (if they did) all the pre-existing conditions and drugs go out the window and the person then is responsible for the victim's injuries in a general sense. You take a victim as you find them.

This case turns on whether the cop went from the legal performance of his duties to an illegal battery, once he crosses that line he loses the opportunity to blame the victim for the injuries. The is the same for a civilian.

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