Floyd
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
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
Dozens rally before ex-officer put on trial in Floyd’s death
Dozens of people gathered in front of the Minnesota governor’s mansion on Saturday to demand accountability for police officers, days before a former Minneapolis officer is scheduled to go on trial in the death of George Floyd.
3 years ago