Legally, that may not benefit the defense...
Posted on: April 8, 2021 at 11:53:41 CT
Gyro MU
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You take a person as you find them. From a criminal liability or civil liability standpoint, if you cause the death of someone which is partly due to their health or their ability, as here, to breathe, it's not a successful defense.
Where, as here, you had him struggling to breathe, the knee to the neck prevented him from getting up to be able to breathe. The fact that Chauvin may not have killed a man healthier than Floyd doesn't matter.