George Floyd
Ex-cop who kneeled on George Floyd’s back gets 3.5-year term
The former Minneapolis police officer who kneeled on George Floyd’s back while another officer kneeled on the Black man’s neck was sentenced Friday to 3 1/2 years in prison.
J. Alexander Kueng pleaded guilty in October to a state count of aiding and abetting second-degree manslaughter. In exchange, a charge of aiding and abetting murder was dropped. Kueng is already serving a federal sentence for violating Floyd’s civil rights, and the state and federal sentences will be served at the same time.
Kueng appeared at the hearing via video from a federal prison in Ohio. When given the chance to address the court, he declined.
With credit for time served and different parole guidelines in the state and federal systems, Kueng will likely serve a total of about 2 1/2 years behind bars.
Floyd’s family members had the right to make victim impact statements, but none did. Family attorney Ben Crump, who has taken on some of the nation’s most high-profile police killings of Black people, said in a statement before the hearing that Kueng's sentencing “delivers yet another piece of justice for the Floyd family. ”
“While the family faces yet another holiday season without George, we hope that moments like these continue to bring them a measure of peace, knowing that George’s death was not in vain,” he said.
Floyd died on May 25, 2020, after former Officer Derek Chauvin kneeled on Floyd's neck for 9 1/2 minutes as Floyd repeatedly said he couldn't breathe and eventually went limp. The killing, which was recorded on video by a bystander, sparked worldwide protests as part of a broader reckoning over racial injustice.
Read more: Prosecutor: 3 cops in Floyd killing ‘chose to do nothing’
Kueng kneeled on Floyd's back during the restraint. Then-Officer Thomas Lane held Floyd's legs and Tou Thao, also an officer at the time, kept bystanders from intervening. All of the officers were fired and faced state and federal charges.
As part of his plea agreement, Kueng admitted that he held Floyd’s torso, that he knew from his experience and training that restraining a handcuffed person in a prone position created a substantial risk, and that the restraint of Floyd was unreasonable under the circumstances.
Matthew Frank, who led the prosecution for the Minnesota attorney general’s office, said repeatedly during the hearing that Floyd was a crime victim and that the prosecution “focused on the officers” who caused his death. He added that the case was not meant to be a broader examination of policing, but added that he hopes it will reaffirm that police officers cannot treat those “who are in crisis as non-people or second-class citizens.”
“Mr. Kueng was not simply a bystander that day. He did less than what some of the bystanders attempted to do in helping Mr. Floyd,” Frank said.
Kueng’s attorney, Thomas Plunkett, on Friday blamed the Minneapolis Police Department’s leadership and a lack of training for Floyd’s death. He highlighted Kueng’s status as a rookie — saying he had only been on the job on his own for three days — and accused department leadership of failing to implement training to encourage officers to intervene when one of their colleagues is doing something wrong.
“On behalf of Mr. Kueng, I’m not calling for justice. I’m calling for progress,” he said.
Then-Chief Medaria Arradondo fired Kueng and the three other officers the day after Floyd’s killing and later testified at Chauvin’s trial that the officers did not follow training. The former head of training for the department has also testified that the officers acted in a way that was inconsistent with department policies.
Kueng's sentencing brings the cases against all of the former officers a step closer to resolution, although the state case against Thao is still pending.
Thao previously told Judge Peter Cahill that it “would be lying” to plead guilty. In October, he agreed to what’s called a stipulated evidence trial on the count of aiding and abetting manslaughter. As part of that process, his attorneys and prosecutors are working out agreed-upon evidence in his case and filing written closing arguments. Cahill will then decide whether Thao is guilty or not.
If Thao is convicted, the murder count — which carries a presumptive sentence of 12 1/2 years in prison — will be dropped.
Chauvin, who is white, was convicted of state murder and manslaughter charges last year and is serving 22 1/2 years in the state case. He also pleaded guilty to a federal charge of violating Floyd’s civil rights and was sentenced to 21 years. He is serving the sentences concurrently at the Federal Correctional Institution in Tucson, Arizona.
Read more: Trial of 3 cops in Floyd killing to resume after COVID pause
Kueng, Lane and Thao were convicted of federal charges in February: All three were convicted of depriving Floyd of his right to medical care, and Thao and Kueng were also convicted of failing to intervene to stop Chauvin during the killing.
Lane, who is white, is serving his 2 1/2-year federal sentence at a facility in Colorado. He's serving a three-year state sentence at the same time. Kueng, who is Black, was sentenced to three years on the federal counts; Thao, who is Hmong American, got a 3 1/2-year federal sentence.
1 year ago
Chauvin gets 22 1/2 years in prison for George Floyd’s death
Former Minneapolis police Officer Derek Chauvin has been sentenced to 22 1/2 years in prison for the murder of George Floyd, whose dying gasps under Chauvin’s knee led to the biggest outcry against racial injustice in the U.S. in generations.
The punishment handed out Friday fell short of the 30 years that prosecutors had requested.
Read: Floyd verdict gives hope, if only fleeting, to Black America
With good behavior, Chauvin, 45, could be paroled after serving two-thirds of his sentence, or about 15 years.
Former police Officer Derek Chauvin broke his long courtroom silence Friday as he faced sentencing for the murder of George Floyd, offering condolences to Floyd’s family and saying he hopes more information coming out will give them “some peace of mind.”
Chauvin, who did not testify at his trial, removed his COVID-19 and turned toward the Floyd family, speaking only briefly because of what he called “some additional legal matters at hand” — an apparent reference to the federal civil rights trial he still faces.
Read: Biden to America after Floyd verdict: 'We can't stop here'
“But very briefly, though, I do want to give my condolences to the Floyd family. There’s going to be some other information in the future that would be of interest. And I hope things will give you some some peace of mind,” he said, without elaborating.
Hisattorney Eric Nelson called Floyd’s death “tragic,” and that Chauvin”s “brain is littered with what-ifs” from the day: “What if I just did not agree to go in that day? What if things had gone differently? What if I never responded to that call? What if what if what if?”
Floyd’s family members took the stand and expressed sorrow about his death. They asked for the maximum penalty.
“We don’t want to see no more slaps on the wrist. We’ve been through that already,” said a tearful Terrence Floyd, one of Floyd’s brothers.
3 years ago
1 verdict, then 6 police killings across America in 24 hours
Even as the Derek Chauvin case was fresh in memory — the reading of the verdict in a Minneapolis courtroom, the shackling of the former police officer, the jubilation at what many saw as justice in the death of George Floyd — even then, blood flowed on America’s streets.
And even then, some of that blood was shed at the hands of law enforcement.
At least six people were fatally shot by officers across the United States in the 24 hours after jurors reached a verdict in the murder case against Chauvin on Tuesday. The roll call of the dead is distressing:
A 16-year-old girl in Columbus, Ohio.
An oft-arrested man in Escondido, California.
A 42-year-old man in eastern North Carolina.
The deaths, in some cases, sparked new cries for justice. Some said they reflect an urgent need for radical changes to American policing — a need that the Chauvin verdict cannot paper over. For others, the shootings are a tragic reminder of the difficult and dangerous decisions law enforcement face daily.
An unidentified man in San Antonio.
Another man, killed in the same city within hours of the first.
A 31-year-old man in central Massachusetts.
The circumstances surrounding each death differ widely. Some happened while officers investigated serious crimes. Police say some of the people were armed with a gun, knife or a metal pole. One man claimed to have a bomb that he threatened to detonate. In several cases, little is known about the lives of those killed and what happened in their final moments.
The deadly encounters are only a small snapshot of the thousands of interactions between American police officers and civilians every day, most of which end safely. Uneventful encounters between the police and the populace, however, are not an issue.
It’s a very different story when a weapon is drawn and a life is ended.
As the nation watched the judge read the verdict against Chavuin on Tuesday afternoon, an officer hundreds of miles away was listening over his patrol car radio in a neighborhood in Columbus, Ohio. Minutes earlier, a colleague fatally shot a teenage girl.
Police had been called to the house after someone called 911 and reported being physically threatened. Body camera footage shows an officer approaching a group of people in the driveway as the teenager, Ma’Khia Bryant, swings a knife wildly. Moments later, the girl charges at a young woman pinned against a car.
The officer fires four shots before Bryant slumps to the ground. A black-handled blade, similar to a kitchen or steak knife, lies on the sidewalk next to her.
“You didn’t have to shoot her! She’s just a kid, man!” a man shouted at the officer.
The officer responds, “She had a knife. She just went at her.”
Later, an anguished neighbor yells at officers: “Do you see why Black lives matter? Do you get it now?”
Bryant, who was in foster care at the time, was a shy, quiet girl who liked making hair and dance videos on TikTok, her grandmother, Debra Wilcox, told The Associated Press. Her family says her actions that day were out of character.
“I don’t know what happened there unless she was fearful for her life,” Wilcox said.
Though officials have said Bryant’s death was a tragedy, they point to laws allowing police to use deadly force to protect themselves and others.
The officer’s actions were “an act of heroism” with tragic results, said the National Fraternal Order of Police president, “yet another demonstration of the impossible situations” police face.
About the same time the radio brought the news of Chauvin’s verdict to Columbus, two officers in San Antonio were confronting a man on a bus. Exactly how the encounter started remains unclear, but police say the unidentified man was armed. It ended with officers firing fatal shots.
Later that evening in the same city, authorities say a man killed a person working in a shed outside his home. As officers arrived, the suspect started shooting at police. They returned fired, killing him. Officials have not released his name.
As the nation digested the news from Minneapolis, the day wore on and daily life unspooled. In Worcester, Massachusetts, the night was punctuated by a standoff with police that ended in gunfire.
Phet Gouvonvong, 31, called 911 and claimed to have a bomb he threatened to set off, police said. Officers found him on the street. They said he was wearing body armor and had a backpack and what appeared to be a rifle.
A police SWAT team joined negotiators. One reached Gouvonvong by phone to try to calm him, officials say.
Around midnight, officials say, Gouvonvong moved toward police, and an officer opened fire.
Gouvonvong was pronounced dead at the scene. Police have not said whether he actually had an explosive device.
Gouvonvong had run-ins with police over the years, including a conviction for assault and battery with a dangerous weapon, but an aunt said he turned his life around, the Telegram & Gazette newspaper reported.
On Thursday, his mother crumpled onto the street in tears where flowers had been laid at the site of his killing. Marie Gonzalez told the newspaper she had called police Tuesday night to try to connect with her son but they wouldn’t put her through. She believed she could have prevented it.
“They had no right taking my son’s life,” she said. “They had no right.”
The next morning, as people in Minneapolis awakened to a city boarded up for unrest that never materialized, a 42-year-old Black man in eastern North Carolina was shot and killed when deputy sheriffs tried to serve drug-related search and arrest warrants.
An eyewitness has said Andrew Brown Jr. was shot dead in his car in Elizabeth City as he tried to drive away. A car authorities removed from the scene appeared to have multiple bullet holes and a shattered back window.
His slaying sparked an outcry as hundreds demanded the release of body camera footage. Seven deputies have been placed on leave.
Relatives described Brown as a doting father who always had a joke to tell. He also had a difficult life. His mother was killed when he was young, he was partially paralyzed on his right side by an accidental shooting and lost an eye in a stabbing, according to an aunt, Glenda Brown Thomas.
He also had troubles with the law, including a misdemeanor drug possession conviction and some pending felony drug charges. The day before he was killed, two arrest warrants were issued for him on drug-related charges including possession with intent to sell cocaine, court records show.
Officers have so far said little about why they fired, but his family is determined to get answers.
“The police didn’t have to shoot my baby,” said another aunt, Martha McCullen.
That same morning, police in Southern California got a call about someone hitting cars with a metal pole. The man ran off when police arrived, but another officer spotted him carrying a 2-foot metal pole in the street.
The white man charged at the officer, who ordered him to drop the pole before opening fire, police said.
Police in Escondido, near San Diego, have not released the man’s name, but did say he had been arrested nearly 200 times over the past two decades for violent assaults on police and the public, drug charges and other crimes. Efforts to get him help from mental health professionals hadn’t worked, the police chief said.
Whether any officers will face charges in these shootings remains to be seen.
Chauvin was largely convicted based on video that showed him pressing his knee into Floyd’s neck for more than nine minutes. Police shootings in a heated moment are notoriously difficult to prosecute. Juries have generally been reluctant to second-guess officers when they claim to have acted in life-or-death situations.
In the aftermath of Tuesday’s verdict, prosecutors on opposite coasts announced opposite decisions on whether to advance charges against law enforcement who killed.
A Florida prosecutor announced Wednesday he would not pursue charges against a Brevard County Sheriff’s deputy who shot and killed two Black teenagers; a California prosecutor announced manslaughter and assault charges against a deputy in the eastern San Francisco Bay area in the shooting of an unarmed Filipino man.
None of these cases has focused attention like the trial that came to a conclusion Tuesday. Some people hold out hope that the Chauvin verdict might be a crucial juncture in the national conversation about race, policing and the use of force.
“We are in a moment of reckoning,” said Rachael Rollins, district attorney for Boston and surrounding communities and the first woman of color to serve as a top county prosecutor in Massachusetts.
“If we can be strategic and come together,” she said, “we can make profound changes, profound.”
Associated Press writers Michael Kunzelman in College Park, Maryland, Jill Bleed in Little Rock, Arkansas, Julie Watson in San Diego and Juliet Williams in San Francisco contributed to this report, as did Farnoush Amiri in Columbus, Ohio. Amiri a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
3 years ago
Columbus police officer fatally shoots girl swinging knife
Columbus police shot and killed a teenage girl who swung at two other people with a knife Tuesday, according to bodycam footage from the officer who fired the shots just minutes before the verdict in George Floyd’s killing was read.
Officials with the Columbus Division of Police showed a segment of the footage Tuesday night just hours after the shooting took place in a neighborhood on the city’s east side. The decision to swiftly release the video was a departure from protocol as the force faces immense scrutiny from the public following a series of recent high-profile police killings that have led to clashes.
Also Read: Floyd verdict gives hope, if only fleeting, to Black America
The 10-second clip begins with the officer getting out of his car at a house where police had been dispatched after someone called 911 saying they were being physically threatened, Interim Police Chief Michael Woods said at the news conference. The officer takes a few steps toward a group of people in the driveway when the girl, who was Black, starts swinging a knife wildly at another girl or woman, who falls backward. The officer shouts several times to get down.
The girl with the knife then charges at another girl or woman who is pinned against a car.
From a few feet away, with people on either side of him, the officer fires four shots, and the teen slumps to the ground. A black-handled blade similar to a kitchen knife or steak knife lies on the sidewalk next to her.
A man immediately yells at the officer, “You didn’t have to shoot her! She’s just a kid, man!”
The officer responds, “She had a knife. She just went at her.”
Also Read: Biden to America after Floyd verdict: 'We can't stop here'
The race of the officer wasn’t clear.
The girl was taken to a hospital, where she was pronounced dead, police said. It remains unclear if anyone else was injured.
Police did not identify the girl or her age Tuesday. One family member said she was 15, while another said she was 16.
The shooting happened minutes before the verdict in the killing of George Floyd was announced. Protesters who had gathered peacefully after that verdict to call for police reform and accountability quickly shifted their focus to the killing of the girl. The crowd of about 100 could be heard chanting outside police headquarters as city officials offered their condolences to the family and acknowledged the rarity of showing bodycam footage so soon after a police shooting.
Woods said state law allows police to use deadly force to protect themselves or others, and investigators will determine whether this shooting was such an instance.
Columbus Mayor Andrew Ginther mourned the loss of the young victim but defended the officer’s use of deadly force.
“We know based on this footage the officer took action to protect another young girl in our community,” he told reporters.
Meanwhile, outside the briefing, hundreds of protesters pushed past barriers outside police headquarters and approached officers as city officials were showing the bodycam video inside. Many chanted, “Say her name!” While others signified the victim’s age by yelling, “she was just a kid!” Officers with bicycles pushed protesters back and threatened to deploy pepper spray on the crowd.
The shooting happened about 25 minutes before a judge read the verdict convicting former Minneapolis Police Officer Derek Chauvin of murder and manslaughter in the killing of Floyd. It also took place less than 5 miles from where the funeral for Andre Hill, who was killed by another Columbus police officer in December, was held earlier this year. The officer in Hill’s case, Adam Coy, a 19-year veteran of the force, is now facing trial for murder, with the next hearing scheduled for April 28.
Less than three weeks before Hill was killed, a Franklin County Sheriff’s deputy fatally shot 23-year-old Casey Goodson Jr. in Columbus. The case remains under federal investigation.
Last week, Columbus police shot and killed a man who was in a hospital emergency room with a gun on him. Officials are continuing an investigation into that shooting.
Kimberly Shepherd, 50, who has lived in the neighborhood where Tuesday’s shooting took place for 17 years, said she knew the teenage victim.
“The neighborhood has definitely went through its changes, but nothing like this,” Shepherd said of the shooting. “This is the worst thing that has ever happened out here and unfortunately it is at the hands of police.”
Shepherd and her neighbor Jayme Jones, 51, had celebrated the guilty verdict of Chauvin. But things changed quickly, she said.
“We were happy about the verdict. But you couldn’t even enjoy that,” Shepherd said. “Because as you’re getting one phone call that he was guilty, I’m getting the next phone call that this is happening in my neighbourhood."
3 years ago
Chauvin guilty of murder and manslaughter in Floyd’s death
Former Minneapolis Officer Derek Chauvin was convicted Tuesday of murder and manslaughter for pinning George Floyd to the pavement with his knee on the Black man’s neck in a case that triggered worldwide protests, violence and a furious reexamination of racism and policing in the U.S.
Chauvin, 45, was immediately led away with his hands cuffed behind his back and could be sent to prison for decades.
The verdict — guilty as charged on all counts, in a relatively swift, across-the-board victory for Floyd’s supporters — set off jubilation mixed with sorrow across the city and around the nation. Hundreds of people poured into the streets of Minneapolis, some running through traffic with banners. Drivers blared their horns in celebration.
“Today, we are able to breathe again,” Floyd’s younger brother Philonise said at a joyous family news conference where tears streamed down his face as he likened Floyd to the 1955 Mississippi lynching victim Emmett Till, except that this time there were cameras around to show the world what happened.
The jury of six whites and six Black or multiracial people came back with its verdict after about 10 hours of deliberations over two days. The now-fired white officer was found guilty of second-degree unintentional murder, third-degree murder and second-degree manslaughter.
Also read: Prosecutor: Chauvin ‘had to know’ Floyd’s life was in danger
Chauvin’s face was obscured by a COVID-19 mask, and little reaction could be seen beyond his eyes darting around the courtroom. His bail was immediately revoked. Sentencing will be in two months; the most serious charge carries up to 40 years in prison.
Defense attorney Eric Nelson followed Chauvin out of the courtroom without comment.
President Joe Biden welcomed the verdict, saying Floyd’s death was “a murder in full light of day, and it ripped the blinders off for the whole world” to see systemic racism.
But he warned: “It’s not enough. We can’t stop here. We’re going to deliver real change and reform. We can and we must do more to reduce the likelihood that tragedies like this will ever happen again.”
The jury’s decision was hailed around the country as justice by other political and civic leaders and celebrities, including former President Barack Obama, Oprah Winfrey and California Gov. Gavin Newsom, a white man, who said on Twitter that Floyd “would still be alive if he looked like me. That must change.”
At a park next to the Minneapolis courthouse, a hush fell over a crowd of about 300 as they listened to the verdict on their cellphones. Then a great roar went up, with many people hugging, some shedding tears.
Also read: Defense expert: Floyd died from heart trouble, not restraint
At the intersection where Floyd was pinned down, a crowd chanted, “One down, three to go!” — a reference to the three other fired Minneapolis officers facing trial in August on charges of aiding and abetting murder in Floyd’s death.
Janay Henry, who lives nearby, said she felt grateful and relieved.
“I feel grounded. I can feel my feet on the concrete,” she said, adding that she was looking forward to the “next case with joy and optimism and strength.”
Jamee Haggard, who brought her biracial 4-year-old daughter to the intersection, said: “There’s some form of justice that’s coming.”
The verdict was read in a courthouse ringed with concrete barriers and razor wire and patrolled by National Guard troops, in a city on edge against another round of unrest — not just because of the Chauvin case but because of the deadly police shooting of a young Black man, Daunte Wright, in a Minneapolis suburb April 11.
The jurors’ identities were kept secret and will not be released until the judge decides it is safe to do so.
It is unusual for police officers to be prosecuted for killing someone on the job. And convictions are extraordinarily rare.
Out of the thousands of deadly police shootings in the U.S. since 2005, fewer than 140 officers have been charged with murder or manslaughter, according to data maintained by Phil Stinson, a criminologist at Bowling Green State University. Before Tuesday, only seven were convicted of murder.
Juries often give police officers the benefit of the doubt when they claim they had to make split-second, life-or-death decisions. But that was not an argument Chauvin could easily make.
Floyd, 46, died May 25 after being arrested on suspicion of passing a counterfeit $20 bill for a pack of cigarettes at a corner market. He panicked, pleaded that he was claustrophobic and struggled with police when they tried to put him in a squad car. They put him on the ground instead.
The centerpiece of the case was the excruciating bystander video of Floyd gasping repeatedly, “I can’t breathe” and onlookers yelling at Chauvin to stop as the officer pressed his knee on or close to Floyd’s neck for what authorities say was 9 1/2 minutes, including several minutes after Floyd’s breathing had stopped and he had no pulse.
Prosecutors played the footage at the earliest opportunity, during opening statements, and told the jury: “Believe your eyes.” From there it was shown over and over, analyzed one frame at a time by witnesses on both sides.
In the wake of Floyd’s death, demonstrations and scattered violence broke out in Minneapolis, around the country and beyond. The furor also led to the removal of Confederate statues and other offensive symbols such as Aunt Jemima.
In the months that followed, numerous states and cities restricted the use of force by police, revamped disciplinary systems or subjected police departments to closer oversight.
The “Blue Wall of Silence” that often protects police accused of wrongdoing crumbled after Floyd’s death. The Minneapolis police chief quickly called it “murder” and fired all four officers, and the city reached a staggering $27 million settlement with Floyd’s family as jury selection was underway.
Police-procedure experts and law enforcement veterans inside and outside the Minneapolis department, including the chief, testified for the prosecution that Chauvin used excessive force and went against his training.
Medical experts for the prosecution said Floyd died of asphyxia, or lack of oxygen, because his breathing was constricted by the way he was held down on his stomach, his hands cuffed behind him, a knee on his neck and his face jammed against the ground.
Chauvin’s attorney called a police use-of-force expert and a forensic pathologist to try to make the case that Chauvin acted reasonably against a struggling suspect and that Floyd died because of a heart condition and his illegal drug use. Floyd had high blood pressure and narrowed arteries, and fentanyl and methamphetamine were found in his system.
Under the law, police have certain leeway to use force and are judged according to whether their actions were “reasonable” under the circumstances.
The defense also tried to make the case that Chauvin and the other officers were hindered in their duties by what they perceived as a growing, hostile crowd.
Chauvin did not testify, and all that the jury or the public ever heard by way of an explanation from him came from a police body-camera video after an ambulance had taken the 6-foot-4, 223-pound Floyd away. Chauvin told a bystander: “We gotta control this guy ’cause he’s a sizable guy ... and it looks like he’s probably on something.”
The prosecution’s case also included tearful testimony from onlookers who said the police kept them back when they protested what was happening.
Eighteen-year-old Darnella Frazier, who shot the crucial video, said Chauvin gave the bystanders a “cold” and “heartless” stare. She and others said they felt a sense of helplessness and lingering guilt from witnessing Floyd’s slow-motion death.
“It’s been nights I stayed up, apologizing and apologizing to George Floyd for not doing more, and not physically interacting and not saving his life,” she testified.
3 years ago
Murder case against ex-cop in Floyd's death goes to the jury
The murder case against former Officer Derek Chauvin in the death of George Floyd went to the jury Monday in a city on edge against another round of unrest like the one that erupted last year over the harrowing video of Chauvin with his knee on the Black man’s neck.
The jury of six white people and six people who are Black or multiracial began deliberating after nearly a full day of closing arguments in which prosecutors argued that Chauvin squeezed the life out of Floyd last May in a way that even a child knew was wrong.
The defense contended that the now-fired white officer acted reasonably and that the 46-year-old Floyd died of a heart condition and illegal drug use.
Also read: Prosecutor: Chauvin ‘had to know’ Floyd’s life was in danger
The jurors deliberated about four hours before retiring for the night to the hotel where they are being sequestered for this final phase of the trial. They were due to resume Tuesday morning.
After closing arguments were done, Judge Peter Cahill rejected a defense request for a mistrial based in part on comments from California Rep. Maxine Waters, who said “we’ve got to get more confrontational” if Chauvin isn’t convicted of murder.
The judge told Chauvin’s attorney: “Congresswoman Waters may have given you something on appeal that may result in this whole trial being overturned.” He called her comments “abhorrent” and “disrespectful to the rule of law and to the judicial branch.”
Chauvin, 45, is charged with second-degree murder, third-degree murder and second-degree manslaughter, all of which require the jury to conclude that his actions were a “substantial causal factor” in Floyd’s death and that his use of force was unreasonable.
The most serious charge carries up to 40 years in prison.
“Use your common sense. Believe your eyes. What you saw, you saw,” prosecutor Steve Schleicher said in closing arguments, referring to the bystander video of Floyd pinned to the pavement with Chauvin’s knee on or close to his neck for up to 9 minutes, 29 seconds, as onlookers yelled at the officer to get off.
Chauvin attorney Eric Nelson countered by arguing that Chauvin did what any reasonable police officer would have done after finding himself in a “dynamic” and “fluid” situation involving a large man struggling with three officers.
As Nelson began speaking, the now-fired Chauvin removed his COVID-19 mask in front of the jury for one of the very few times during the trial.
With the case drawing to a close, some stores were boarded up in Minneapolis. The courthouse was ringed with concrete barriers and razor wire, and National Guard troops were on patrol. Floyd’s death set off protests last spring in the city and across the U.S. that sometimes turned violent.
The city has also been on edge in recent days over the deadly police shooting of a 20-year-old Black man, Daunte Wright, in a nearby suburb on April 11.
About 300 protesters marched in the streets outside the courthouse shortly after the jury got the case, lining up behind a banner reading, “Justice 4 George Floyd & all stolen lives. The world is watching.”
Prosecutor Jerry Blackwell had the final word Monday, offering the state’s rebuttal argument. The prosecutor, who is Black, said the questions about the use of force and cause of death are “so simple that a child can understand it.”
Also read: Defense expert: Floyd died from heart trouble, not restraint
“In fact, a child did understand it, when the 9-year-old girl said, ‘Get off of him,’” Blackwell said, referring to a young witness who objected to what she saw. “That’s how simple it was. `Get off of him.’ Common sense.”
Under the law, police have certain latitude to use force, and their actions are supposed to be judged according to what a “reasonable officer” in the same situation would have done.
Nelson noted that officers who first went to the corner store where Floyd allegedly passed a counterfeit $20 bill were struggling with Floyd when Chauvin arrived as backup. The defense attorney also pointed out that the first two officers on the scene were rookies and that police had been told that Floyd might be on drugs.
“A reasonable police officer understands the intensity of the struggle,” Nelson said, noting that Chauvin’s body camera and badge were knocked off his chest.
Nelson also showed the jury pictures of pills found in Floyd’s SUV and pill remnants discovered in the squad car. Fentanyl and methamphetamine were found in Floyd’s system.
The defense attorney said the failure of the prosecution to acknowledge that medical problems or drugs played a role “defies medical science and it defies common sense and reason.”
During the prosecution’s argument, Schleicher replayed portions of the bystander video and other footage as he dismissed certain defense theories about Floyd’s death as “nonsense.” He said Chauvin killed Floyd by constricting his breathing.
Schleicher rejected the drug overdose argument, as well as the contention that police were distracted by hostile onlookers, that Floyd had “superhuman” strength from a state of agitation known as excited delirium, and that he suffered possible carbon monoxide poisoning from auto exhaust.
The prosecutor sarcastically referred to the idea that it was heart disease that killed Floyd as an “amazing coincidence.”
“Is that common sense or is that nonsense?” Schleicher asked the jury.
Blackwell, his fellow prosecutor, likewise rejected the defense theory that Floyd died because of an enlarged heart: “The truth of the matter is that the reason George Floyd is dead is because Mr. Chauvin’s heart was too small.”
Earlier, Schleicher described how Chauvin ignored Floyd’s cries and continued to kneel on him well after he stopped breathing and had no pulse. Chauvin was “on top of him for 9 minutes and 29 seconds and he had to know,” Schleicher said. “He had to know.”
He said Chauvin heard Floyd, “but he just didn’t listen.”
The prosecutor said Floyd was “not a threat to anyone” and was not trying to escape when he struggled with officers but instead was terrified of being put into the tiny backseat of the squad car.
He said a reasonable officer with Chauvin’s training and experience — he was a 19-year Minneapolis police veteran — should have sized up the situation accurately.
Chauvin, wearing a light gray suit with a blue shirt and blue tie, showed little expression as he watched himself and the other officers pinning Floyd to the ground on bodycam video played by his attorney. He cocked his head to the side and occasionally leaned forward to write on a notepad.
Also read: Police chief: Kneeling on Floyd's neck violated policy
An unidentified woman occupied the single seat set aside in the pandemic-spaced courtroom for a Chauvin supporter.
Floyd’s brother Philonise represented the family in court, as he often has during the trial.
Schleicher also noted that Chauvin was required to use his training to provide medical care to Floyd but ignored bystanders, rebuffed help from an off-duty paramedic and rejected a suggestion from another officer to roll Floyd onto his side.
“He could have listened to the bystanders. He could have listened to fellow officers. He could have listened to his own training,” Schleicher said. “He knew better. He just didn’t do better.”
3 years ago
Prosecutor: Chauvin ‘had to know’ Floyd’s life was in danger
Officer Derek Chauvin “had to know” he was squeezing the life out of George Floyd as the Black man cried out over and over that he couldn’t breathe and finally fell silent, a prosecutor told jurors Monday as closing arguments began at Chauvin’s murder trial.
“Use your common sense. Believe your eyes. What you saw, you saw,” Steve Schleicher said, referring to the excruciating bystander video of Floyd pinned to the pavement with Chauvin’s knee on or close to his neck last May for up to 9 minutes, 29 seconds, as bystanders yelled at the white officer to get off.
Closing arguments began with Minneapolis on edge against a repeat of the violence that erupted in the city and around the U.S. last spring over Floyd’s death.
The defense contends the 46-year-old Floyd died of underlying heart disease and his illegal use of fentanyl and methamphetamine.
Replaying portions of the bystander video and other footage as he made his case, Schleicher dismissed some of the defense theories as “nonsense,” saying Chauvin’s pressure on Floyd killed him by constricting his breathing.
He rejected the drug overdose argument, the contention that police were distracted by what they saw as hostile onlookers, the notion that Floyd had “superhuman” strength from a state of agitation known as excited delirium, and the suggestion that Floyd suffered carbon monoxide poisoning from auto exhaust.
The prosecutor sarcastically referred to the idea that it was heart disease that killed Floyd as an “amazing coincidence.”
“Is that common sense or is that nonsense?” Schleicher asked the racially diverse jury.
Schleicher described how Chauvin ignored Floyd’s cries that he couldn’t breathe, and continued to kneel on Floyd after he stopped drawing breath and had no pulse — even after the ambulance arrived.
Floyd was “just a man, lying on the pavement, being pressed upon, desperately crying out. A grown man crying out for his mother. A human being,” Schleicher said. He said Chauvin “heard him, but he just didn’t listen.”
Chauvin was “on top of him for 9 minutes and 29 seconds and he had to know,” Schleicher said. “He had to know.”
The prosecutor said Floyd “was not a threat to anyone.”
“He wasn’t trying to hurt anyone. He wasn’t trying to do anything to anyone. Facing George Floyd that day that did not require one ounce of courage. And none was shown on that day. No courage was required,” Schleicher said. “All that was required was a little compassion and none was shown on that day.”
Chauvin lawyer Eric Nelson was expected to deliver the defense closing argument later in the day.
Chauvin, wearing a light gray suit with a blue shirt and blue tie, focused on taking notes during the prosecution’s arguments, only occasionally raising his eyes from his notepad. An unidentified woman occupied the single seat set aside in the pandemic-spaced courtroom for a Chauvin supporter.
Also read: Court weighs allowing courtroom cameras in George Floyd case
Floyd’s brother Philonise represented the family in court, as he often has throughout the trial.
Schleicher quickly got to the heart of the case — whether Chauvin’s actions were those of a reasonable officer in similar circumstances — saying a reasonable officer with Chauvin’s training and experience should have known a handcuffed Floyd did not pose a risk to officers.
He said Floyd, who was arrested on suspicion of passing a counterfeit $20 bill for a pack of cigarettes at a corner market, was terrified of being put into the tiny backseat of the squad car when he struggled with officers. The prosecutor played video of Floyd being pulled out of the car and forced to the ground — noting that he was on his knees and said thank you
“A reasonable officer should’ve recognized Floyd wasn’t trying to escape. … The problem was the back of the car. Just like George Floyd tried to explain over and over,” the prosecutor said.
He also noted that Chauvin was required to use his training to provide medical care to Floyd but ignored bystanders, rebuffed help from an off-duty fire department paramedic and rejected a suggestion from another officer to roll Floyd onto his side.
Several witnesses, including one for the defense, said Floyd might have lived if CPR had been administered as soon as he lost a pulse.
“He could have listened to the bystanders. He could have listened to fellow officers. He could have listened to his own training. He knew better. He just didn’t do better,” said Schleicher, adding that even a 9-year-old bystander knew it was dangerous.
“Conscious indifference, indifference. Do you want to know what indifference is and sounds like?” Schleicher asked before playing a video of Chauvin replying, “Uh-huh” several times as Floyd cries out.
The prosecution took about an hour and 45 minutes to make its case, with Schleicher ending his argument by saying: “This wasn’t policing. This was murder. The defendant is guilty of all three counts. All of them. And there is no excuse.”
The anonymous jury will deliberate in a downtown courthouse surrounded by concrete barriers and razor wire, in an anxious city heavily fortified by National Guard members and just days after fresh outrage erupted over the police killing of a 20-year-old Black man in a nearby suburb. Some businesses boarded up their storefronts with plywood.
A few protesters gathered outside the courthouse Monday as light snowflakes blew in the wind. “No breaths. No pulse. 3 1/2 minutes. Chauvin didn’t let up/get up,” read one protester’s sign.
Also read: George Floyd’s death: Judge dismisses 1 charge against ex-cop
Chauvin, 45, is charged with second-degree murder, third-degree murder and second-degree manslaughter. All three charges require the jury to conclude that Chauvin’s actions were a “substantial causal factor” in Floyd’s death — and that his use of force was unreasonable.
To convict Chauvin of second-degree murder, Prosecutors don’t have to prove the Chauvin intended to harm Floyd, only that he deliberately applied force, which resulted in harm.
Second-degree intentional murder carries up to 40 years in prison, third-degree murder 25 years, and second-degree manslaughter 10 years. Sentencing guidelines call for far less time, including 12 1/2 years on either murder count.
3 years ago
Police chief: Kneeling on Floyd's neck violated policy
The Minneapolis police chief testified Monday that now-fired Officer Derek Chauvin violated departmental policy — and went against “our principles and the values that we have” — in pressing his knee on George Floyd’s neck and keeping him down after Floyd had stopped resisting and was in distress.
Continuing to kneel on Floyd’s neck once he was handcuffed behind his back and lying on his stomach was “in no way, shape or form” part of department policy or training, “and it is certainly not part of our ethics or our values,” Police Chief Medaria Arradondo said on Day Six of Chauvin’s murder trial.
Also Read: How Floyd's 'spark of life' played out at trial
Arradondo, the city’s first Black chief, fired Chauvin and three other officers the day after Floyd’s death last May, and in June called it “murder.”
While police have long been accused of closing ranks to protect fellow members of the force charged with wrongdoing — the “blue wall of silence,” as it’s known — some of the most experienced officers in the Minneapolis department have taken the stand to openly condemn Chauvin’s treatment of Floyd.
As jurors watched in rapt attention and scribbled notes, Arradondo testified not only that Chauvin, a 19-year veteran of the force, should have let Floyd up sooner, but that the pressure on Floyd’s neck did not appear to be light to moderate, as called for under the department’s neck-restraint policy; that Chauvin failed in his duty to render first aid before the ambulance arrived; and that he violated policy requiring officers to de-escalate tense situations with no or minimal force if they can.
“That action is not de-escalation,” the police chief said. “And when we talk about the framework of our sanctity of life and when we talk about our principles and the values that we have, that action goes contrary to what we are talking about.”
Also Read: Diverse jury so far for ex-cop's trial in Floyd's death
Arradondo’s testimony came after the emergency room doctor who pronounced Floyd dead said he theorized at the time that Floyd’s heart most likely stopped because of a lack of oxygen.
Dr. Bradford Langenfeld, who was a senior resident on duty that night at Hennepin County Medical Center and tried to resuscitate Floyd, took the stand as prosecutors sought to establish that it was Chauvin’s knee on the Black man’s neck that killed him.
Langenfeld said Floyd’s heart had stopped by the time he arrived at the hospital. The doctor said that he was not told of any efforts at the scene by bystanders or police to resuscitate Floyd but that paramedics told him they had tried for about 30 minutes and that he tried for another 30 minutes.
Under questioning by prosecutors, Langenfeld said that based on the information he had, it was “more likely than the other possibilities” that Floyd’s cardiac arrest — the stopping of his heart — was caused by asphyxia, or insufficient oxygen.
Chauvin, 45, is charged with murder and manslaughter in Floyd’s death May 25. The white officer is accused of pressing his knee into the 46-year-old man’s neck for 9 minutes, 29 seconds, outside a corner market where Floyd had been arrested on suspicion of trying to pass a counterfeit $20 bill for a pack of cigarettes.
Floyd’s treatment by police was captured on widely seen bystander video that sparked protests around the U.S. that descended into violence in some cases.
The defense has argued that Chauvin did what he was trained to do and that Floyd’s use of illegal drugs and his underlying health conditions caused his death.
Nelson, Chauvin’s attorney, asked Langenfeld whether some drugs can cause hypoxia, or insufficient oxygen. The doctor acknowledged that fentanyl and methamphetamine, both of which were found in Floyd’s body, can do so.
The county medical examiner’s office ultimately classified Floyd’s death a homicide — a death caused by someone else.
The report said Floyd died of “cardiopulmonary arrest, complicating law enforcement subdual, restraint, and neck compression.” A summary report listed fentanyl intoxication and recent methamphetamine use under “other significant conditions” but not under “cause of death.”
Prosecutor Steve Schleicher noted that while some people may become more dangerous under the influence of drugs or alcohol, some may actually be “more vulnerable.” Arradondo agreed and acknowledged that this must also be taken into consideration when officers decide to use force.
Before he was pinned to the ground, a frantic Floyd struggled with police who were trying to put him in a squad car, saying he was claustrophobic.
Arradondo said officers are trained in basic first aid, including chest compressions, and department policy requires them to request medical assistance and provide necessary aid as soon as possible before paramedics arrive.
“We absolutely have a duty to render that,” he said.
Officers kept restraining Floyd — with Chauvin kneeling on his neck, another kneeling on Floyd’s back and a third holding his feet — until the ambulance got there, even after he became unresponsive, according to testimony and video footage.
The officers also rebuffed offers of help from an off-duty Minneapolis firefighter who wanted to administer aid or tell officers how to do it.
Langenfeld testified that for people who go into cardiac arrest, there is an approximately 10% to 15% decrease in survival for every minute that CPR is not administered.
Nelson noted on cross-examination that department policies direct officers to do what is reasonable in a given situation. He asked whether officers need to take the actions of a crowd into account, and Arradondo agreed. Nelson has suggested that onlookers — many of whom were shouting at Chauvin — might have affected officers’ response.
Nelson also questioned whether Chauvin’s knee was on Floyd’s neck, playing a few seconds of bystander video side-by-side with footage from an officer’s body camera that Arradondo agreed appeared to show Chauvin’s knee on Floyd’s shoulder blade.
But prosecutors quickly got Arradondo to note that the clip played by Nelson depicted only the few seconds before Floyd was moved onto a stretcher.
Minneapolis police Inspector Katie Blackwell, commander of the training division at the time of Floyd’s death, also took the stand Monday.
She said Chauvin, whom she’s known for about 20 years, received annual training in defensive tactics and use of force, and would have been trained to use one or two arms — not his knee — in a neck restraint.
“I don’t know what kind of improvised position that is,” she said, after being shown a photo of Chauvin with his knee on Floyd’s neck.
She said Chauvin also was a field-training officer, receiving additional training so he would know what prospective officers were learning in the academy.
The city moved soon after Floyd’s death to ban police chokeholds and neck restraints. Arradondo and Mayor Jacob Frey also made several policy changes, including expanded reporting of use-of-force incidents and attempts to de-escalate situations.
3 years ago
Teen who shot Floyd video says he was 'begging for his life'
The teenager who shot the harrowing video of George Floyd under the knee of the Minneapolis police officer now charged in his death testified Tuesday that she began recording because "it wasn't right, he was suffering, he was in pain."
Darnella Frazier, 18, said she was walking to a convenience store with her younger cousin when she came upon the officers, and sent the girl into the store because she didn't want her to see "a man terrified, scared, begging for his life."
Frazier grew emotional at times, breathing heavily and crying as she viewed pictures of officer Derek Chauvin kneeling on Floyd last May.
Floyd's death and the video of Floyd pleading for his life and onlookers angrily yelling at Chauvin to get off him triggered sometimes-violent protests around the world and a reckoning over racism and police brutality in the U.S.
One of the bystanders, who identified herself as a Minneapolis firefighter, pleaded repeatedly with officers to check Floyd's pulse, but Chauvin continued to kneel on Floyd's neck, and he and fellow officer Tou Thao wouldn't let onlookers get close, Frazier said.
"They definitely put their hands on the Mace and we all pulled back," she told the jury.
Frazier said of Chauvin: "He just stared at us, looked at us. He had like this cold look, heartless. He didn't care. It seemed as if he didn't care what we were saying."
Chauvin attorney Eric Nelson sought to show that Chauvin and his fellow officers found themselves in an increasingly tense and distracting situation, with the growing crowd of onlookers becoming agitated and menacing over Floyd's treatment.
But when Frazier was asked by a prosecutor whether she saw violence anywhere on the scene, she replied: "Yes, from the cops. From Chauvin, and from officer Thao."
When asked to identify the officer, Chauvin stood up in the courtroom and took off his mask, appearing somber as he looked down and away before putting his mask on.
Earlier Tuesday, a man who was among the onlookers shouting at Chauvin to get off Floyd testified that he called 911 after paramedics took Floyd away, "because I believed I witnessed a murder."
Donald Williams, a former wrestler who said he was trained in mixed martial arts, including chokeholds, returned to the witness stand a day after describing seeing Floyd struggle for air and his eyes roll back into his head. He said he watched Floyd "slowly fade away ... like a fish in a bag."
On Tuesday, prosecutors played back Williams' 911 call, on which he is heard identifying Chauvin by his badge number and telling the dispatcher that Chauvin had been keeping his knee on Floyd's neck despite warnings that Floyd's life was in danger. She offers to switch him to a sergeant.
As he is being switched, Williams can he heard yelling at the officers, "Y'all is murderers, bro!"
During cross-examination, Chauvin attorney Eric Nelson pointed out that Williams seemed to grow increasingly angry at police on the scene, swearing at and taunting Chauvin with "tough guy," "bum" and other names, then calling Chauvin expletives, which the defense lawyer repeated in court.
Williams initially admitted he was getting angrier, but then backtracked and said he was controlled and professional and was pleading for Floyd's life but wasn't being heard.
Williams said he was stepping on and off the curb, and at one point, Thao, who was controlling the crowd, put his hand on Williams' chest. Williams admitted under questioning that he told Thao he would beat the officers if Thao touched him again.
Williams was among the first witnesses as Chauvin, 45, went on trial on charges of murder and manslaughter in Floyd's death.
Prosecutors led off their case by playing part of the bystander video of Floyd's arrest. Chauvin and three other officers were fired soon after the footage became public.
Prosecutor Jerry Blackwell showed the jurors the video after telling them that the number to remember was 9 minutes, 29 seconds — the amount of time Chauvin had Floyd pinned to the pavement "until the very life was squeezed out of him."
Nelson countered by arguing: "Derek Chauvin did exactly what he had been trained to do over his 19-year career."
The defense attorney also disputed that Chauvin was to blame for Floyd's death, as prosecutors contend.
Floyd, 46, had none of the telltale signs of asphyxiation and had fentanyl and methamphetamine in his system, Nelson said. He said Floyd's drug use, combined with his heart disease, high blood pressure and the adrenaline flowing through his body, caused a heart rhythm disturbance that killed him.
3 years ago
Judge won’t move trial in Floyd’s death; 13th juror picked
A judge said Friday he won’t delay or move the trial of a former Minneapolis police officer charged in George Floyd’s death over concerns that a $27 million settlement for Floyd’s family could taint the jury pool, but he’ll allow limited evidence from a 2019 arrest.
3 years ago