Lost in all of the news of riots, and businesses being destroyed, and dumb celebrities pontificating on social media to virtue signal their own wokeness, is the actual criminal investigation of former Minneapolis police officer Derek Chauvin.

The video is brutally graphic. George Floyd is dead. Derek Chauvin has now been arrested and charged with both third-degree murder and manslaughter, as announced by Hennepin County Attorney Mike Freeman.

On Friday, John Harrington, commissioner of the Minnesota Department of Public Safety, announced that Chauvin was taken into custody by the Minnesota Bureau of Criminal Apprehension, who said that Chauvin was arrested in Minneapolis. There was some speculation that he had gone to a home in Florida.”

“We have now been able to put together the evidence that we need. Even as late as yesterday afternoon, we did not have all that we needed,” Freeman said, before saying that he was unable to speak to specific pieces of evidence and which one specifically was needed to file charges.”

“This is by far the fastest that we’ve ever charged a police officer,” Freeman said.”

There is a good reason why this is happening so quickly. First, there are multiple videos being used to verify what happened, from cell phone cameras that bystanders used as well as body cameras on the police. There is little argument as to what exactly happened. Second, Minneapolis is on fire. The police actually abandoned a precinct last night and rioters attempted to burn it down. The riots and looting are attempting to spread out – which should tell you just how much the riots and looting are really about “justice” for George Floyd. Getting Derek Chauvin in custody and charged won’t satisfy the most hardcore rioters, but the Minnesota leadership is clearly hoping that it will take the edge off what has been happening.

Also, social distancing mandates and lockdowns are pretty clearly unenforceable and over if demonstrations start popping up in cities all over the country that neither local government nor police are willing to break up. Bill de Blasio didn’t say anything about breaking up a protest march yesterday in New York City – he’s more concerned about Jewish funerals and shutting down yeshiva schools. So, congratulations, America. Rioters get out of lockdown, and won’t get in trouble for it. Maybe businesses should just reopen, declare that this is “justice for George Floyd” and see what happens. But I digress.

The next question is, why third degree murder and manslaughter?

An autopsy report is pending, but the Hennepin County Medical Examiner did release these findings: There were no physical findings that support a diagnosis of traumatic asphyxia or strangulation, and that Mr. Floyd had underlying health problems, including coronary artery disease and hypertensive heart disease.”

According to the medical examiner, “the combined effects of Mr. Floyd being restrained by the police, his underlying health conditions and any potential intoxicants in his system likely contributed to his death.”

The complaint determined that Chauvin had his knee on Floyd’s neck for 8 minutes and 46 seconds total. Two minutes and 53 seconds of that time was after Floyd became unresponsive.”

“Police are trained that this type of restraint with a subject in prone position is inherently dangerous,” the complaint said.”

If convicted, Chauvin could face up to 25 years in prison on the murder charge and up to 10 years in prison on the manslaughter charge.”

It sounds like it will be up to a jury to decide which charge, or both, fits Derek Chauvin’s actions that day. According to attorney Ben Crump, who is apparently working with the Floyd family, they wanted a first degree murder charge.

FAMILY STATEMENT: The family of #GeorgeFloyd and I released the following statement in response to the arrest of Derek Chauvin, the officer videoed kneeling on George Floyd’s neck. #JusticeForFloyd #JusticeForGeorgeFloyd pic.twitter.com/BkSFRlYB6j

— Benjamin Crump, Esq. (@AttorneyCrump) May 29, 2020

As heinous as Derek Chauvin acted, there still is no way that a first degree murder charge can be supported with the evidence at hand. First degree murder is all about intent. No prosecutor is going to be able to prove beyond a reasonable doubt that Derek Chauvin intended to kill George Floyd, especially if the autopsy shows that the actual cause of death is not asphyxiation or stragulation. Floyd’s death is being compared to that of Eric Garner in New York City, and in that case, the officer ended up facing no federal charges, though he was fired. Now, an alleged chokehold is very different than a knee on the neck – which is why Chauvin is being charged. But first degree murder? It just isn’t provable beyond a reasonable doubt, even with Chauvin’s extremely sketchy history as a police officer – something which now entangles potential vice presidential pick and current senator Amy Klobuchar.

As Minnesota's Chief Prosecutor, Amy Klobuchar pushed a "tough on crime" message. But she didn't prosecute George Floyd's killer Derek Chauvin when he shot someone.

My latest article for @MintPressNews https://t.co/6Nv1ycBkxW

— Alan MacLeod (@AlanRMacLeod) May 27, 2020

Will this sink Klobuchar’s VP chances? It’s hard to say, but she isn’t getting off the hook on Twitter.

Derek Chauvin needs to face a jury for what he did. Now he will, and it’s very likely that the other fired officers will as well. George Floyd’s family deserves justice, but overcharging is never the answer in the face of grief and fury. Neither is rioting, looting, and burning down the city. Will the arrest and the charges bring calm? We shall see.

Featured image via Pixabay, cropped, Pixabay license