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WORLD-ONE©
The Up With People Legal (UWPL) website is now including “World-One”. Our new division dedicated to issues relating to Civil Rights, Racism, African-World/African American Police Brutality, and the unfortunate level of Racism-the Deaths of Black People via Cop. Opening our "World-One" division exclusively about George Floyd's death/murder “By Cop(s)”, but now it seems to be that there's much more to this problem. Thoughts of designing an outlet to delve deeper into the big picture of Racism, and where is it still lurking for these terrible Racist Crimes to continue is of the utmost direction of study. The place I want to begin is from the heart; this is where the hurt begins.
As some have been impressed by sources reflected of laws, quotes from media, as well as the CEO’s own perspective, this new Division of Research will be an important direction. The CEO of UWPL grew up during the 1960’s. It was educational relating to Racism because she was so young; she saw Racism through the eyes of a Child, then took what she absorbed into Adulthood, and so forth.
I worry about everyone, I worry about the person-not the color.
Chauvin Update in 2021:
Derek Chauvin's trial led him to jail for killing George Floyd in 2021!
June of 2020:
The People Burned the City Down!
This is from the day George Floyd was murdered on 5-25-2020 into June of 2020. And why does Minnesota's Constitution still talk about & is showing the word "Slavery" still in their laws. I speak more about this below.
We all are the same color in our Mothers' Womb. Our family heritage is what we then are seen as once the doctor says "It's a Girl!" or possibly the doctor says "It's a Boy!" Our color doesn't define the facts properly-because we all are truly the same color, if we logically think about this.
While on the date of June 7, 2020 at 12:26p.m. California time (PST), I sit wondering when the fairness of colors will happen. I've cried for this issue more than many know. Keeping it together in our daily lives is a challenge enough for everyone. That multiplies for any African, African-American, or anyone of the African dissent, and more nationalities are also going through some type of racism. Yes. But this is right now & forevermore about African-Americans, African nationalities in all around the World have to worry about buying milk at the corner store. That's reality. What must we do to further the issues of racism is to listen to the sufferers; hear them; then make the change(s) at the highest level, as well as every level in-between. These are issues that are as serious as life & death. We don't put a cross-walk in the road until someone dies; we won't hear the warnings from the nice lady on the corner that calls the city everyday. But that's when the "Cross-walk" needs to be put in! It's time to paint the lines for a permanent crosswalk -straight through all Racism, people. It's time to make it happen, not tomorrow, not today, but yesterday. The time is now for Racial Equality. Change begins in each persons life: no excuses.
Below you will see the entry into my heart regarding George Floyd's murder. Now we have more people hurt, dead, injured as American is mourning his death; Protesters are getting the words in, the walking done, and the shouting done that I as a disabled individual cannot do at this time. Thoughts & dreams are here to be seen by millions of people. This is my Protest; my words.
Please Note: This is not Legal Advice, this is my Protest & my Notes, For current information regarding George Floyd's Murder, please do your independent research.
I began my notes on May 30, 2020@5:05pm. Thank You.
George Floyd's Life Matters!
George Floyd was an African American Man. He died at the hands of Four (4) very evil Police Officer(s)-I call them 'ex-Police Officers'. The Ex-Police Officer Derek Chauvin (of whom has also been accused of 3rd degree felony of 'Voter Fraud' pursuant to Fla. Stat. 104.011(2) 2016-2018 in Fla.) had 18-Complaints in his file during his 19-years of employment with a Minnesota Police Department that weren't taken seriously. Those "Suits" and "Higher-Ups" and "Managers" and "Human Resources" having the duty & job to process complaints in Police Officers Personnel Files should be fired, then also placed in jail for not keeping the Public safe. And that's just the beginning. I will continue to promote fairness in all aspects of law, and hold those protecting our rights to be held accountable if they also break the law.
My first forethought with all the race issues confronting the Prosecutor (the 2nd one -Minnesota's Attorney Gen. Keith Ellison), and the fact he already didn't get it right pursuant to the Laws I've already studied in Minnesota showing a harsher punishment for each of the Four (4) ex-Police Officers should be calculated & enforced. It doesn't have any bearing whether or not the person doing the crime is a Police Officer; the Laws there are written pertaining to "Someone Committing A Crime". Throw out these were any Police Officers that did anything right, because they didn't. Therefore, any procedural statutes pertaining to "The Police Job" should not even be considered. Chauvin and the others will not be returning to a Police Job anytime; ever. Those statutes should only be applied if they're returning to the job.
Please note I'm doing research & typing this plus raising awareness-and I'm also disabled-no violins, things just take a bit longer for me is all. I should be finished with my full case research by next week. Please check back for updates daily. Thank you.
UWPL: Independent Case Review-Murder of George Floyd
6-2-2020: Here's the link to the Criminal Complaint of Derek Chauvin-just click to take you there...
6-3-2020: Here's the link to the 3-other ex-Officers being charged-just click to take you there...
Case Review from the Onset of the Case:
The way I review a case is from the first second of contact, then I let the elements of the situation tell me the story; then I put my entire viewpoint at center stage. George was a healthy man before May 25, 2020 as far as the record shows. Then he died. That's where the end is the beginning; entering a path that should lead to the justice as the Story of George Floyd's Murder unfolds. Let me begin with the first cry for help. His neck was being pushed on by the ex-Officers knee, he became disabled-although this is a crime it's also a direction disabling someone to death. There is extensive crime in this case, and all details should be carefully gone over to ensure each crime, suffering, and the elements of a Racial Crime-which means Federal Charges should apply. Everything George Floyd suffered from, his Family should be compensated (Update in 2021: The Floyd Family has Settled with the police department/city.). I review this below a little further, as well as show the elements of the crime should be 1st Degree Murder for All Four (4) Ex-Officers.
STATE of Minnesota Laws:
Each Police Officer of the four (4) of them, they all need to be put in jail for 1st Degree Murder. MN Law: 609.185 1st Degree Murder
Click here on the Law I'm looking at-Minnesota Statutes: 609.185 MURDER IN THE FIRST DEGREE.
George Floyd went through enough on May 25, 2020 that death was instrumental of 'Peace Officers'. During these moments-as Mr. Floyd was dying, Racist comments coming from the one ex-Officer(s) mouth-presumably Tao Thao. Seemingly to form drug charges against Mr. Floyd-because this is that ex-Officer's mindset, isn't a legal thing to do unless it actually happened. An Audit of this Precinct should happen right now. That calls for special 'Racism Laws' in Prosecuting this case. See this Press Release from Drug Policy Alliance on May 28, 2020
FEDERAL LAWS:
Murder Charges: 18 United States Code (USC) §1111 Murder
(c) For purposes of this section—
(1) the term "assault" has the same meaning as given that term in USC 18 section 113;
(5) the term "serious bodily injury" has the meaning set forth in section 1365; and
1st Prosecutor Removed for Bias-2nd Prosecutor is Attorney General...but I feel a Prosecutor Must be Chosen-from outside the System:
One of the issues is the Prosecutor is only doing minimum charges punishment for only one (1) of the four (4) ex-Officers, and we only have an "Arrest w/minimal Charges" for the other three(3). Chauvin-ex-Cop-he's the one with his knee cutting off George Floyd's airway/neck/throat. The "Look-Out ex-Officer"-Tao Thao, the "Holding George Floyd Down-ex-Officer(s)" are all "In Concert of Murdering George Floyd". For the Prosecutor to make George look bad, that's the beginning of his bias. Then a newly appointed Attorney General Keith Ellison may as well carry the bias of the State of Minnesota. In an interview he mentioned he was going to:
"prosecute the officers to the highest degree of accountability that the law & facts support."
The way it is, elements of the crime must fit, or a Prosecutor must go back to the beginning of Law School to learn he is wrong. There's no question the Laws for the State of Minnesota support "First Degree Murder" and that's what Attorney Gen. Ellison should have stated-first. He's had plenty of time to do his research-gee he should already know the degree of murder just by looking at the video. That's why I as well, feel the same about the first prosecutor: each has 'Legal Bias' which could be designated directly from the inner-workings of the individuals I'm sure whom wish this 'Bias' to occur. There's so many facets of this murder that qualify not only for a life sentence, but under special circumstances of Race, Disability, and Prior Knowledge/Ex-Cop Worked with George Floyd at a 'Security Guard' type job a a local establishment. Below I break down a few laws that will be easier to see what I'm saying is written in black & white print from the Minnesota Legislature.
The Current 1st Degree Murder Law 2020 (the legislature notes 2019 is same as 2020 from what I can see) Minnesota Statutes:
"609.185 MURDER IN THE FIRST DEGREE.(a) Whoever does any of the following is guilty of murder in the first degree and shall be sentenced to imprisonment for life: (1) causes the death of a human being with premeditation and with intent to effect the death of the person or of another;(3) causes the death of a human being with intent to effect the death of the person or another, while committing or attempting to commit burglary, aggravated robbery, kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a witness in the first degree. (7) causes the death of a human being while committing, conspiring to commit, or attempting to commit a felony crime to further terrorism and the death occurs under circumstances manifesting an extreme indifference to human life.(f) For purposes of paragraph (a), clause (7), "further terrorism" has the meaning given in section 609.714, subdivision 1."
The Laws of Minnesota Insist on 50% Harsher Punishment of the ex-Officers Under a special description for Terrorism:
Many legal professionals are wondering what will transpire with all this monstrosity of a murder done by these ex-Police Officers. Based on the Laws in Minnesota, these officers could be obtaining "Life 1.5" life plus half of a life sentence at a maximum to "50%". In section 609.714, subdivision 1 , it shows in §Subd. 2.
"Furtherance of terrorism; crime described; penalty. A person who commits a felony crime to further terrorism is guilty of a crime. The statutory maximum for the crime is 50 percent longer than the statutory maximum for the underlying crime."
We know that the ex-Officer(s) were holding George Floyd against his will, against losing his breath, and this was clearly noted as a terrorist crime, pursuant to the Laws of Minnesota. That breaks this law:
"(1) terrorize, intimidate, or coerce a considerable number of members of the public in addition to the direct victims of the act; and..."
In the Law(s) 609.185 MURDER IN THE FIRST DEGREE, I mention above, there's areas that qualify along with the section 609.714, subdivision 1 that could make for a wonderful Prosecution of-just the start of the jail list with the four (4) ex-Officers. These two sets of laws combined could set the stage in Court for life plus 50% more life in prison.
Next is the other sections of that "Terrorism Division of Murder in the 1st"-their laws are a bit stretched, but they work well together for this one situation. Here in the next section (2), please see the importance of the people that were the main witnesses of the George Floyd Murder. They were there watching a horrifying event. This is a qualifier for that law to stick. See below in section (2):
"(2) significantly disrupt or interfere with the lawful exercise, operation, or conduct of government, lawful commerce, or the right of lawful assembly."
The nice young man that tried to stop the Murder was "Pushed Away"-he was sharing his "Freedom to Lawfully Assemble" and the ex-Officer Tao Thao stopped the young man from "Assembling with George Floyd" when he was on the ground losing his life. The others were there as well watching-also trying to assemble-even though it was to save a life, this is definitely written in the law and should be utilized to increase punishment of all ex-Officers. The Public was exercising "Life Saving" verbal notions to all the ex-Officers to stop what they were doing because they were "Killing Him-(George Floyd)". Because the ex-Officers were doing what a "Criminal" would do when killing someone; that "Murder is Criminal Behavior": the Public was the exact reverse of what the ex-Officers were doing: They Wanted To Save George Floyd's Life! They were in the right and have rights. They were held from doing their rights...under the United States Constitution. Because of this, Minnesota Law stands for the Prosecutor to utilize the richness of these laws in this horrible 1st Degree Murder case of the death of George Floyd.
George Floyd was His Own Witness-but the ex-Officer "Tampered With Evidence":
George Floyd was his own "Best Witness" and was telling all the ex-Officers that he was a witness of the tragedy unfolding. Here's my direction on this with simplicity if George was still alive, he would have to give a full report of 'Police Brutality' for, lets say being in the hospital with neck injuries or whatever he would have been hospitalized for. He would have had to give a 'Witness Report' of what he saw the ex-Officer was doing to him and what he was experiencing. When the ex-officers knee was still pressing on the 'Witnesses' Neck-George Floyd' that was 'Witness Tampering' There's no clear definition under Minnesota Law depicting what a 'Witness is', and I would utilize this because George Floyd was the best witness.
My Independent Case Review for the George Floyd Murder will clearly show a bigger set of charges for all ex-Police Officers. Think about this for a moment: the ex-Officer pulled George Floyd from his vehicle. We don't have any footage for the alleged arrest yet, and the way things were looking in the videos of the murder, these ex-Officers didn't do anything right. Because there was no reason to pull him from his car-as I see it, the ex-Officer had no right to enter into the vehicle. At the point when ex-Officer was at George’s car window, the he should never have opened George's car door-technically it could be considered 609.185(a)(3) "Kidnapping'. George was not under arrest at that point, so this should apply to the Prosecutor case build. The only other action to call this between his car and when the ex-Officer(s) were murdering Mr. Floyd.
Old School Style Policing-like a type of 'Bad Cops Club':
The other set of issues is the "Good Ole' Boys" -the 'Old School Police Style' of looking out for your fellow co-worker/fellow brother to "Cover or/and Cover-up" potential incriminating evidence. Such as the ex-Officer on the "Look-Out" -to allow the other ex-Officer to murder George Floyd. By the "Look-Out" the "Look-Out ex-Officer"-introducing Tou Thao-he shoved the only help away that George Floyd had-there were others watching and filming, but one young man stepped forward to help George. Here's where more laws come in: by pushing away a "By - Stander" wanting to step in to assist George, the same 1st Degree Murder Charges should as well apply. The member of the Public was following guidance of the Laws of our Fore Fathers-The Bill of Rights to begin with. Disturbing as it may be, this happened, but Justice must not be bias.
The other two (2) ex-Officers Thomas Lane and J. Alexander Kueng must be held to the same account as all four (4) ex-Officers because they not only didn't let George Floyd breathe, they took all possibility of further life by not allowing him to move at all. By those ex-Officers allowing George to slip into death so tragically leads me to believe this has happened before-possibly-it's just a hunch because all the ex-Officers seem to be extremely comfortable-at least what I saw in all video views available. By acting 'In Concert' together, all four (4) ex-Officers must be charged with First Degree Murder and Special Circumstances of Race, as I mention further below, George gave full notice to all ex-Officers he had "Officer Induced Disabilities"-no matter how long he suffered from the disability and what caused it, he was not accommodated under the Laws and otherwise as a Human. The Family of George Floyd must be compensated.
Could the "Knights Templar" be Operating in this Minneapolis Police Department?:
This is an ancient type of club that has operated and is noted to be operating with over 500,000 members mentioned in an LA Times article in 2015. Above I mention a special gathering of cops not acting normal-like the way these four (4) now ex-cops were seemingly acting on 5-25-2020. Even the 'Look-out' Tao Thao was assaulting a member of the Public that tried to intervene; protecting the operation. It's a hunch, but with over 687,000 Police Officers in the U.S. in 2018, I presume we have a secondary issue running the P.D. in Minneapolis, Minnesota. And who knows in what other jurisdictions this is happening, as well. It's a hunch, but sometimes the best findings in a case begin with your first thoughts.
Is there a "Quota" of Specific types of Crimes the Officers in Minneapolis must Meet:
This is all just too terrible to think that it was the only time something like this happened, and that's why just a hunch I have of these Officers in the department may be faced with a quota they need to meet to keep their jobs. This is not uncommon in police departments at all. I would be pulling every file, turning every corner, and uncovering the shadows of this entire situation-the George Floyd murder has much more than I feel is shown so far.
I found Slavery & Racism in the Minnesota Constitution:
As I'm doing California law research, I took a further peak into Minnesota Laws. What I found is, well it's not pretty. The Minnesota Constitution has the word "Slavery" in it. I thought I was seeing things, so I read it again. Sure enough, there it was in their Constitution beginning in October 13, 1857. But Slavery was Abolished in 1865. Since then, individual constitutions of states have changed with the times, or so we thought. Here's the "Rights & Privileges" for Minnesota:
".Sec. 2. Rights and privileges. No member of this state shall be disfranchised or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers. There shall be neither slavery nor involuntary servitude in the state otherwise than as punishment for a crime of which the party has been convicted."
As I see in Section 10 below, the understanding of entering George Floyd's car was unwarranted. There was absolutely no reason under Minnesota Law(s) that George should have been removed or asked to get out of his vehicle whatsoever. Especially due to the Covid-19 Pandemic, we all were told to "Stay in our Houses, Cars, Only Necessary Trips for Food/Medications/Necessities. George was in shock first of all due to the "No Touching" of others; he wasn't expecting to be touched by anyone. I actually saw George go limp in shock verses resisting arrest.
Sec. 10. Unreasonable searches and seizures prohibited.The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized.
We must assume based on the presentation of the ex-Officers that no rules were being followed whatsoever. A Jury must be instructed as such, and if there is no proof of an arrest-footage including a proper rule followed by the ex-Officer(s) in confronting George Floyd about whatever it was, one would think the rules of 1st Degree Murder in the State of Minnesota apply.
Looking at the case from the Cries of George Floyd-he presented 'Disabilities/Caused by Cop'-Should be a qualifier for more charges under the ADA:
This is a specialty case on a few different levels, the first being an Americans With Disabilities Act (ADA) issue of 'No Accommodation of a Disabled Person. George Floyd presented and mentioned his Disabilities to the ex-Officers. He complained of Hurting All Over, and that's a Disability in need of accommodation that George was denied. The next is the Disability of Breathing-yes I know the ex-Officer was kneeling on his neck, but his lungs were then in distress, causing a Breathing Disability. George was then denied a second (2nd) time for a Reasonable ADA Accommodation. The next is the statement of an Intestinal Disability that his 'Stomach was Hurting'-that's also under the ADA an Actionable Disability and a reasonable accommodation by the ex-Officer(s) would be to provide relief of pressure-that would have been the accommodation under the ADA. As these were his last words, they were heard by the world, George Floyd stated, “My stomach hurts. My neck hurts. Everything hurts,” he says. “Water or something, please. I can’t breathe.” Aside from all criminal facts of this case, Officers must strictly follow the ADA Laws as well. When challenging a wrong, bring everything you got. Here's more about the ADA & Law Enforcement
The African American Community Has Suffered Enough-When a Cop is Fired-He/She Must Not Be 'Hired Again' as a Cop:
There must be a set of laws protecting the Public from "Bad Cops" getting re-hired in another jurisdiction. Reasons for this are continued abuse(s). The rationale behind firing a person not doing their job is one thing; but when that person has a Certification, Badge, or otherwise, a full review should be implemented noting it in each state. For example lets say in Minneapolis, Minnesota there's a bad cop-or more that's fired, then they move to California. The warning should follow the 'Bad Cop's' Social Security Number, Driver's License Number, and the Precinct information where they were fired from with proper contact information would pop up on the screen at any other Precinct they file a job application at. This would keep our Public safer.
George Floyd, please rest in peace; understand there are lots of people pulling for you here. God Bless George's Family, Friends, and everyone. Peace & Love I wish for all.
♡ Protest ☆ Justice ☆ for ♡George♡Floyd♡ 5-30-2020☆.mp4
What about the Elderly Man Pushed Down by the Officers/National Guards? Name of this Elderly Man: Martin Gugino:
I speak now of a Elderly Man-Martin Gugino-as stated in the news, that was assaulted by a cop in Buffalo, New York. The cop(s) then walked by. Two were arrested, then arraigned & released for "Assault". It's like the swarm of Police & National Guard were there to stomp & tromp all over people. Nothing more than a piece of garbage-this is the way Mr. Gugino was treated by each & every "Uniformed Personnel"! I'm ashamed of them! Mr. Gugino was there Protesting, but he's a Community Organizer for People United for Sustainable Housing Buffalo. The deputy director, Harper S.E. Bishop, was speaking with the Washington Post,
“Martin shows up for his people, our community, to dismantle systems of oppression. That’s what he was doing tonight at City Hall. He shouldn’t have been met with police violence for showing up and demanding accountability for the ongoing brutality and murder of Black lives.” This is in an article by Reporter-Rebecca Jennings at Vox.com