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05/06/2020

Excited delirium - the condition used to defend police brutality - and what happened to Tony Timpa

With the appearance of black life that pulls racial injustice and police brutality into sharp focus under appalling circumstances, similar cases of excessive force from the past are scrutinized again.

?What is "excited delirium"


One such case is that of Tony Temba, a 32-year-old man who died in August 2016 when he was tied up by the police in a parking lot in Dallas.

Tampa was not black, but his case was related to the George Floyd case, the ongoing black life demonstrations taking place around the world, or at least the events that motivated them.

It's all about the phrase "excited delirium".
Here's everything you need to know:

Who was George Floyd?


The death of George Floyd - and the subsequent protests that shook America - caused a sensation around the world, and again draws attention to the massive systemic racial grievances within
On May 25, Floyd's hands - an African American man - were handcuffed lying on his face in a city street while Minneapolis American police officer Derek Chauven knelt on the right side of his neck.

The Chauvin knee remained there for 8 minutes 46 seconds, despite Floyd's repeated pleas "I can't breathe" - 2 minutes and 53 seconds from that time occurred after Floyd became unresponsive. He died in custody.

The repercussions of these events were the most outrageous racially far-reaching, with exciting clashes between demonstrators and police forces across several American cities during the past week.

As racial injustice once again reveals its ugly head, demonstrations have been seen in countries around the world, although most parts of the planet are still under some form of closure due to the Coronavirus.

What will happen to the relevant officers?


Prosecutors have charged a former officer at the George Floyd Center case, and for the first time they have charged three other officers.

Derek Schofen, who can be seen kneeling on George Floyd's neck for more than eight minutes, has been charged with murder for the third degree to the second degree murder.

The three former officers involved in the arrest and murder of George Floyd were also charged with aiding and abetting second-degree murder and second-degree manslaughter.

“There is a high possibility that one or more officers [in the George Floyd case] will confirm the enthusiastic delirium as a defense,” Jeff Henley, a Dallas attorney representing the family of a man who died in Minneapolis at the hands of the police in 2016, said the publication of the criminal justice Marshall Project.

In the last moments of George Floyd's life, as he lay on his face with the knee of a Minneapolis police officer Derek Chauvin on his neck, another officer at the scene asked whether they should push Floyd to his side.

"I am concerned about excited delirium or whatever," he reportedly told Chauvin.

What is "excited delirium"?

Excited delirium is a controversial diagnosis, and is often used when people die in police custody.

Whether it already exists is discussed among experts and police forces alike, but people with zeal delirium are said to be aggressive and unconnected, with a "superpower" imbued with their stimulant drug use like cocaine.

Critics have termed it a bogus science, an appropriate excuse used to justify the excessive police force

Critics argue that it is not a legitimate cause of death, as the police use it as an excuse when arrests involve avoidable deaths, and say the term is disproportionately cited in cases where black and Hispanic men die in custody.

Could "Rave Excitement" clear Derek Chauvin?


Two autopsies were performed on George Floyd, one by the Hinpin County Medical Examiner, and an independent autopsy who ruled Floyd's death as a result of obstructive breathing.

None of the report mentioned the excited delirium.

But how long can it take for Derek Schofen and his partners to go to trial?

"To be accurate, it will take months, and I don't know how many," said Keith Ellison, Minnesota Attorney General.

"It is better to make sure that we have a solid case, which has been fully investigated, and examined, before we go to trial, rather than rushing it in. It will take some time and I cannot set a deadline for that."

Who was Tony Timpa?


In August 2016, Temba called 911 to say he went out of his medication to treat schizophrenia and depression and needed help.
In the camera video obtained by Dallas Morning News, Temba was fixed to the ground in a flat post with a knee on his back while pleading with the police to release him.

"You will kill me!" He shouted again and again.

Three officers laughed and laughed while holding Temba on the ground for 14 minutes. When he became unresponsive to his face in the grass, the officers joked that he had slept.

"Back to school! Come on, wake up!" One of the officers said, while another jokingly said: "I don't want to go to school! Five more minutes, mom!"

"The footage graphically depicts the death of an unarmed young man," family lawyer Jeff Henley told the New York Times.

In the case of Temba, one of the officers asked if he should turn him over to his side; A medical examiner concluded that Temba's death was caused by a combination of cocaine and physical stress, “sometimes referred to as erotic delirium syndrome.”

Buffalo police officer shove a man the 75-year-old onto the ground, causing his skull to crack

Buffalo police officer appears to shove a man who walked to the police

In this Picture, a Buffalo police officer appears to shove a man who walked to the police on Thursday in Buffalo, New York 

The prosecution investigated on Friday after a video clip of a Buffalo police officer shot a 75-year-old man then fell and broke his head, a confrontation that resulted in the suspension of two officers.

The video from the public radio station WBFO meeting Thursday night, which occurred near the end of the protests over the death of George Floyd in Minnesota, caused an outrage.
This older white man identified as Martin Gugino appears to be approaching a streak of helmet officers carrying batons as they purge protesters from Niagara Square around 8 pm. curfew. Two officers, who appeared to be white, pushed Gugeno back and hit his head on the sidewalk. Blood spills as officers pass. One of the officers tended to check the injured man before he was urged by another officer.


“Why a? Why was it necessary? Where is the threat?” Asked Governor Andrew Como in his daily briefing on Friday. The governor said he had spoken to Gugino, who was in hospital in serious condition. "It's just basically offensive and scary. How did we get to this place?"

A hospital official said the man was "alert and alert," according to a Friday morning tweet written by Mark Polonkars, Erie County chief executive.

"Let's hope he recovers completely," Poloncarz said.
The video immediately sparked outrage, including among elected officials, despite the lack of elemental element that caused Floyd's death - a black man who died after a white police officer pressed his knee on his neck for several minutes - like a flash point.

Mayor Byron Brown said that the police commissioner arrested two police officers without pay. Police officials are expected to provide more information at a news conference Friday afternoon.
Officials said in a press release that the district attorney's office "is continuing to investigate the incident," but the victim was unable to speak to investigators Thursday evening.

Buffalo police initially mentioned in a statement that someone "was injured when he stumbled and fell," according to WIVB-TV, but Captain Jeff Rinaldo later told the TV station that an internal investigation had been opened.

“When I watched the video, sure, it was very sad and very disappointing.“ You don't want to see anything like that, ”Brown told WIVB-TV on Friday.

The state attorney's office, Letiaya James, said on Twitter that officials were aware of the video. US Senator Charles Schumer called for an investigation, according to a statement carried by WIVB-TV.

"The accidental cruelty shown by the Buffalo police officers tonight is painful and unacceptable," John Core, director of the Buffalo Branch of the Civil Liberties Union in New York, said in a statement, adding that it should be "a wake-up call." For city leaders to tackle police violence.

Third Amendment to the United States Constitution gets its moment

What is Third Amendment to the United States Constitution?

The third amendment to the Constitution of the United States of America is the amendment that prevents government forces from entering private property of individuals without permission during peacetime, and this is excluded in the event of a declaration of emergency. This amendment was enacted by James Madison in 1789 and was a response to what British soldiers were doing to enter private property without the owner’s permission during the American Revolution. This amendment was part of the US Bill of Rights in response to non-federal objections to the new constitution. The text of the amendment says: It is not permissible for any soldier, in peacetime, to reside in any house without the consent of the owner, just as it is not permissible for him in time of war, except in the manner specified by law.

?What is Third Amendment to the United States Constitution

This photo shows the third amendment to the United States Constitution


Washington, DC Mayor Muriel Bowers ordered the National Guard and other federal forces to leave the city - resulting in an unexpected clash over the third amendment that is seldom called to prevent harboring troops.


After declaring the end of the state of emergency in the District of 
Columbia, Pawser published a letter to President Donald Trump ordering the removal of "all exceptional federal law enforcement and military presence" from the city on Friday.

Citing anxiety about "unidentified federal personnel patrolling the streets of Washington, DC", Bawser expressed regret that the military presence "inflames protesters and increases complaints" of demonstrators who insisted they were largely peaceful.

Noting that there were no arrests by the Metropolitan Police Department the night before, Bawazer explained that the city was able to handle "large demonstrations and first amendment activities" without the assistance of the National Guard forces in 10 states. She added that the refusal of federal and outside state forces to wear "identification badges" contributes to "confusion and anxiety," noting that the visiting forces are responsible for much of the "conflict between the police and citizens."

Boozer also condemned the use of military helicopters to disperse the demonstrators after using one earlier this week in a war-like maneuver to intimidate a small group in the streets.

However, not everyone was happy with the idea of ​​expelling the National Guard from the country's capital. Senator Mike Lee (R-Utah) described the move to evacuate more than 1,200 city hotel soldiers as "unacceptable" in a late-night tweet on Thursday, after winds had received a Bowser order before it was announced.

But Lee was flooded with messages highlighting the 3rd amendment to the United States Constitution, which protects Americans from being forced to house troops in their homes.

?What is Third Amendment to the United States Constitution


On Thursday, Bawser hinted that her government was looking for a legal way to flush out the National Guard forces sent by Utah - in addition to Ohio, South Carolina, Indiana, New Jersey, Maryland and Tennessee - noting that while Trump summoned them, the area had not returned them.
As protests against police brutality dominate the nation, hundreds of cities turn into night war zones, where police often spread heavy tactics, and violent and looting overwhelm massive peaceful protests, parallels have been placed between the police - often armed With surplus military equipment - and the armies of the occupation. Some have found it appropriate for the third amendment to appear under these circumstances.

Others responded by claiming that the third amendment did not apply to companies, but the cat was already out of the bag.

While the Third Amendment tends to be overwhelmed by the first (protection of freedom of speech, assembly, and religion) and the second (protection of the right to bear arms), it was considered important during the era of the Revolutionary War as it was expected that British American colonists would protect soldiers in their homes - regardless of The extent of ill-treatment of the occupation forces.