Who did he prevent from saving him? The EMTs were not on site yet. The crowd was hostile. The EMTs, when they did get there, did not even work on him there because of the crowd. They moved him out of the area and then went to work on him.No. It's not the same standard for causing death. As it reads to me, it sounds like Chauvin's kneeling on Floyd would have to have been the cause of death for both M2 and M3. That wasn't proven beyond reasonable doubt.
For manslaughter, the death must be by culpable negligence. And I think that fits exactly. The defense expert was very convincing of that when he said that there was a point where Floyd wasn't beyond saving, and the prosecution was able to tease it out of him that the point of saving him would have been right after he passed out. And maybe Chauvin didn't have the skills. Certainly keeping him restrained prevented anyone from saving him.
The death element required in MS2.
"The Defendant caused the death of George Floyd, by culpable negligence, whereby the Defendant created an unreasonable risk and consciously took a chance of causing death or great bodily harm.“Culpable negligence” is intentional conduct that the Defendant may not have intended to beharmful but that an ordinary and reasonably prudent person would recognize as involving a strong probability of injury to others."
Compared to the death element required in M3
"The Defendant caused the death of George Floyd by an intentional act that was eminently dangerous to Other persons. A person commits an act eminently dangerous to others whent he act is highly likely to cause death."