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===Arrest and charges===
===Arrest and charges===
{{seealso|State v. Chauvin}}
[[File:Derek Chauvin's indictment.pdf|thumb|May 29 indictment of Chauvin]]
[[File:Derek Chauvin's indictment.pdf|thumb|May 29 indictment of Chauvin]]
Chauvin was arrested on May 29, 2020.<ref>{{cite news|date=May 29, 2020|first1=Doha|last1=Madani|first2=David K.|last2=Li|first3=Tom|last3=Winter|url=https://www.nbcnews.com/news/us-news/minneapolis-police-officers-derek-chauvin-arrested-george-floyd-case-n1216011|title=Ex-officer who knelt on George Floyd's neck charged with murder|work=NBC News|access-date=May 29, 2020}}</ref>
Chauvin was arrested on May 29, 2020.<ref>{{cite news|date=May 29, 2020|first1=Doha|last1=Madani|first2=David K.|last2=Li|first3=Tom|last3=Winter|url=https://www.nbcnews.com/news/us-news/minneapolis-police-officers-derek-chauvin-arrested-george-floyd-case-n1216011|title=Ex-officer who knelt on George Floyd's neck charged with murder|work=NBC News|access-date=May 29, 2020}}</ref>

Revision as of 23:55, 29 March 2021

Derek Chauvin
Born
Derek Michael Chauvin

1976 (age 47–48)
Oakdale, Minnesota, U.S.
BildungMetropolitan State University (BA)
OccupationFormer police officer
Known forInvolvement in the killing of George Floyd

Derek Michael Chauvin (born 1976) is an American former police officer known for his involvement in the killing of George Floyd in Minneapolis, Minnesota, on May 25, 2020. During an arrest made by Chauvin and three other officers, he knelt on Floyd's neck for a significant period while Floyd was handcuffed, lying face down on the street calling out "I can't breathe".[1] The next day, Chauvin was fired by the Minneapolis Police Department. He is charged with second-degree murder, third-degree murder, and second-degree manslaughter.[2][3][4][5] The incident set off a series of protests in the United States, later spreading around the world. Chauvin was released on bail on October 7, 2020.[6][7]

Chauvin's murder trial began on March 8, 2021, with opening statements beginning on March 29.[8]

Early life and education

Chauvin was born in 1976.[9][10] His mother was a housewife and his father was a certified public accountant.[11] At the age of seven, his parents divorced and were granted joint custody of him.[11]

Chauvin attended Park High School in Cottage Grove, Minnesota, but did not finish and later obtained a GED certificate.[12] He earned a certificate in quantity food preparation at Dakota County Technical College and worked jobs as a prep cook at McDonald's and a south metro buffet restaurant.[10][13] He served in the United States Army Reserve from 1996 to 2004,[14] including two stints in the military police between 1996 and 2000.[12][15][16] During that time, he also attended Inver Hills Community College from 1995 to 1999[13][14] and later transferred to Metropolitan State University where he graduated with a bachelor's degree in law enforcement in 2006.[12][13][14]

Career

Chauvin joined the Minneapolis Police Department in 2001.[13][17] He received a medal for valor in 2006 for being one of several officers who fired on a suspect who pointed a shotgun at them, and another in 2008 for a domestic-violence incident in which he broke down a door and shot a suspect who reached for his pistol.[18][19] He received a commendation medal in 2008 after he and his partner tackled a fleeing suspect holding a pistol. He received a commendation medal in 2009 after working off-duty as a security guard for a nightclub.[16]

Misconduct complaints

Chauvin had 18 complaints on his official record, two of which ended in discipline, including official letters of reprimand.[20] He had been involved in three police shootings, one of which was fatal.[17][21][22][23] According to the former owner of El Nuevo Rodeo, a Latin nightclub, Chauvin had worked there off duty as security while George Floyd was also working as security, but was not certain whether they knew each other.[24][25] The owner has been critical of Chauvin since his arrest, describing Chauvin's tactics as "overkill" and saying "Chauvin was unnecessarily aggressive on nights when the club had a black clientele, quelling fights by dousing the crowd with pepper spray and calling in several police squad cars as backup".[16] The owner also said Chauvin responded to fights by spraying the crowd with mace instead of dealing with those who were fighting.[discuss][26]

Murder case

Killing of George Floyd

Main article: Killing of George Floyd

On May 25, 2020, Chauvin was one of four officers involved in arresting George Floyd on suspicion of using a counterfeit $20 bill at a market and was the field training officer for one of the other officers involved.[27] Security camera footage from a nearby business did not show Floyd resisting the arrest.[28][29] The criminal complaint stated that, based on body camera footage, Floyd repeatedly said he could not breathe while standing outside the police car, resisted getting in the car and fell down;[30] he went to the ground face down. While Floyd was handcuffed and lying face down on the street, Chauvin knelt on Floyd's neck for nearly eight minutes.[31][1] After Chauvin placed his knee on Floyd's neck, Floyd repeatedly said "I can't breathe", "Mama", and "please".[32] For part of the time, two other officers knelt on Floyd's back.[33] During the final two[34] minutes Floyd was motionless and had no pulse.[35] Several bystanders took videos which were widely circulated and broadcast.[32]

Chauvin and the other officers involved were fired the day following the incident.[36] While knee-to-neck restraints are allowed in Minnesota under certain circumstances, Chauvin's use of the technique has been widely criticized by law enforcement experts as excessive.[37][38][39] On June 23, Minneapolis Police Chief Medaria Arradondo said that Chauvin had been trained in the dangers of positional asphyxiation and characterized Floyd's death as murder.[40]

Arrest and charges

See also: State v. Chauvin
May 29 indictment of Chauvin

Chauvin was arrested on May 29, 2020.[41] Hennepin County attorney Mike Freeman charged him with third-degree murder and second-degree manslaughter,[9][42] making him the first white officer in Minnesota to be charged in the death of a black civilian.[43][44] Under Minnesota law, third-degree murder is defined as causing another's death without intent to kill, but "evincing a depraved mind, without regard for human life". Second-degree manslaughter also does not imply lethal intent, but that the perpetrator created "an unreasonable risk" of serious harm or death.[45]

On May 31, Minnesota Attorney General Keith Ellison took over the case at the request of Governor Tim Walz. On June 3, Ellison amended the charges against Chauvin to include unintentional second-degree murder under the felony murder doctrine, alleging that Chauvin killed Floyd in the course of committing assault in the third degree;[46][47] Minnesota sentencing guidelines recommend 12.5 years imprisonment on conviction of that charge.[48] Bail for Chauvin was set at $1.25 million.[49] Prior to Chauvin's arrest, his attorney and prosecutors had made unsuccessful attempts to negotiate a plea bargain to cover both state and federal charges.[50] Additionally, Ellison also charged the three other officers with aiding and abetting second-degree murder[5][51][48] with bail set to $1 million.[52]

Eight correctional officers at the Ramsey County Jail filed a discrimination complaint against supervisors at the jail with the Minnesota Department of Human Rights, alleging that during Chauvin's brief stay before his transfer to a state prison, non-white guards were not allowed to work on the fifth floor where Chauvin was being held. Their complaint also alleged that a guard saw a white lieutenant sit on Chauvin's bed and that she permitted Chauvin to use her cellphone. Responding to the complaint, the Minnesota Department of Human Rights said it was opening an investigation to determine whether discrimination took place.[53]

Bail

Chauvin was released on conditional bail on October 7, 2020 after posting a bond of $1 million.[54][55] Court documentation provided that, as conditions for his bail, Chauvin's supervised release from prison will be forfeited if he declines to appear before a magistrate, refuses to appear in court on scheduled dates, leaves the state of Minnesota without court approval, or has contact with Floyd's family.[54][56] On October 22, 2020, Hennepin County Judge Peter Cahill dismissed the third-degree murder charge, but also denied Chauvin's motion to dismiss the other, more serious murder charges.[57][58] On November 5, 2020, Judge Cahill ruled that Chauvin and all three of the others charged would be tried together in Hennepin County.[59][60] However, on January 13, 2021, Judge Cahill reversed his earlier ruling, deciding that Chauvin would be tried separately from the other three officers.[61] The trial was scheduled to begin March 8, 2021.[6]

Civil rights investigation

The U.S. Department of Justice convened a grand jury in February 2021 to investigate Chauvin for several civil rights charges. The investigation included the killing of Floyd on May 25, 2020, and other incidents involving Chauvin, such as a September 2017 case where Chauvin pinned a 14-year old boy for several minutes with his knee while ignoring the boy's pleas that he couldn't breathe; the boy briefly lost consciousness. Though the 2017 case was similar to the 2020 killing of Floyd, it was deemed as inadmissible by the judge overseeing the trial of Chauvin for Floyd's murder.[62][63]

Tax evasion charges

Following the murder charges against him, Chauvin and his wife were charged with multiple felony counts of tax evasion[64] related to allegedly fraudulent tax returns from 2014 to 2019.[65] The Washington County prosecutor's office announced on July 22, 2020 that Chauvin and his wife under-reported joint income by a total of $464,433, including more than $95,000 from Chauvin's off-duty security work.[66] The complaint also alleges failure to pay proper sales tax on a $100,000 BMW purchased in Minnesota in 2018, failure to declare income from Chauvin's wife's business, and improperly accounted-for deductions on a rental home.[67]

Personal life

Chauvin married a real estate agent and photographer;[67] she is a Hmong refugee from Laos who competed in a "Mrs. Minnesota" beauty pageant in 2018.[68][69] She filed for divorce the day before he was arrested for Floyd's death.[70][64][71]

References

  1. ^ a b Vera, Amir (June 2, 2020). "Independent autopsy and Minnesota officials say George Floyd's death was homicide". CNN.
  2. ^ "6th juror selected in Chauvin trial, 3rd-degree murder charge reinstated". fox9.com. FOX9. March 11, 2021. Retrieved March 12, 2021.
  3. ^ Cite error: The named reference 3rdDegreeAppeal was invoked but never defined (see the help page).
  4. ^ "Fired Minneapolis police officer Derek Chauvin, who knelt on George Floyd's neck, arrested". Boston Globe. Associated Press. May 29, 2020. Archived from the original on May 30, 2020. Retrieved May 29, 2020.
  5. ^ a b Madani, Doha (June 3, 2020). "3 more Minneapolis officers charged in George Floyd death, Derek Chauvin charges elevated". NBC News. NBC. Archived from the original on June 3, 2020. Retrieved June 3, 2020.
  6. ^ a b Johnson, Allie (November 5, 2020). "Judge orders 1 trial for 4 officers charged in George Floyd's death". Fox 9 News. Retrieved November 5, 2020.
  7. ^ "Court: Derek Chauvin's Trial Set For March Will Be Held In Person – WCCO | CBS Minnesota". Retrieved February 9, 2021.
  8. ^ Walsh, Paul (March 8, 2021). "Jury selection paused in Derek Chauvin trial as additional charge is pending". startribune.com. Star Tribune. Retrieved March 8, 2021.
  9. ^ a b "Complaint – State of Minnesota v. Derek Michael Chauvin" (PDF). Minnesota District Court, Fourth Judicial District. May 29, 2020. Archived from the original (PDF) on May 30, 2020. File No. 27-CR-20-12646
  10. ^ a b Barker, Kim; Furber, Matt (June 9, 2020). "Bail Is at Least $1 Million for Ex-Officer Accused of Killing George Floyd: Derek Chauvin is charged with second-degree murder and second-degree manslaughter in Mr. Floyd's death". New York Times. Retrieved July 23, 2020. Mr. Chauvin, who is 44, did not always want to be a police officer.
  11. ^ a b Barker, Kim; Kovaleski, Serge F. (July 18, 2020). "Officer Who Pressed His Knee on George Floyd's Neck Drew Scrutiny Long Before". The New York Times. Retrieved July 20, 2020.
  12. ^ a b c Mark, Michelle (June 10, 2020). "18 complaints in 19 years, and a murder charge: What we know about ex-Minneapolis police officer Derek Chauvin". Business Insider Australia.
  13. ^ a b c d Montemayor, Stephen; Bjorhus, Jennifer; McKinney, Matt (August 8, 2020). "Even to friends, former officer Derek Chauvin was an enigma". Star Tribune. Retrieved August 16, 2020.
  14. ^ a b c Levitz, Jennifer; Ailworth, Erin; Hobbs, Tawnell D. (June 21, 2020). "George Floyd and Derek Chauvin: The Lives of the Victim and His Killer". The Wall Street Journal. Retrieved August 16, 2020. He also served in the Army Reserve as a military police officer from 1996 to 2004.
  15. ^ "George Floyd: What we know about the officers charged over his death". BBC News. June 8, 2020. Retrieved June 13, 2020. Prior to his career in the police, Mr Chauvin served two stints in the US Army. He was a member of the military police from September 1996 to February 1997, and again from September 1999 to May 2000. His other previous jobs include security guard and McDonald's employee.
  16. ^ a b c "Cop in Floyd death got medals for valor and drew complaints". MPR News. June 3, 2020.
  17. ^ a b Mannix, Andy (May 26, 2020). "What we know about Derek Chauvin and Tou Thao, two of the officers caught on tape in the death of George Floyd". Star Tribune. Archived from the original on May 27, 2020. Retrieved May 27, 2020.
  18. ^ Condon, Bernard; Richmond, Todd; Sisak, Michael R. (June 3, 2020). "What to know about 4 officers charged in George Floyd's death". ABC11 Raleigh-Durham. Archived from the original on June 4, 2020. Retrieved June 4, 2020.
  19. ^ Ortiz, Erik; Mendell, Donna (May 28, 2020). "Minneapolis police officer at center of George Floyd's death had history of complaints". NBC News. Archived from the original on May 28, 2020. Retrieved June 4, 2020.
  20. ^ Barrett, Erin Ailworth, Ben Kesling, Sadie Gurman and Joe (May 28, 2020). "Justice Department Says George Floyd's Death a Priority". The Wall Street Journal. Archived from the original on May 28, 2020. Retrieved May 28, 2020.{{cite news}}: CS1 maint: multiple names: authors list (link)
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  22. ^ Melendez, Pilar (May 28, 2020). "Minneapolis Man: Cop Who Kneeled on George Floyd 'Tried to Kill Me' in 2008". The Daily Beast. Archived from the original on May 28, 2020. Retrieved May 29, 2020.
  23. ^ "Minneapolis police officer involved in weekend shooting ID'd". Twin Cities Pioneer Press. November 13, 2015. Retrieved June 12, 2020. Chauvin and another officer who responded had to force their way into the apartment. Toles ran from the officers as soon as they got inside, but they caught and tried to subdue him, according to police. In the struggle, Toles grabbed at one of the officer's guns. Chauvin fired at Toles and hit him in the torso.
  24. ^ Lastra, Ana; Rasmussen, Eric (May 28, 2020). "George Floyd, fired officer overlapped security shifts at south Minneapolis club". KSTP.com/ABC 5 Eyewitness News. Minneapolis, MN. Archived from the original on May 29, 2020. Retrieved May 29, 2020.
  25. ^ "The Latest: Attorneys seek outside probe of Floyd's death". AP NEWS. May 29, 2020. Archived from the original on May 29, 2020. Retrieved May 29, 2020.
  26. ^ Condon, Bernard (May 29, 2020). "Charged Minn. cop used 'overkill' tactics as nightclub guard". Associated Press. Archived from the original on May 30, 2020. Retrieved May 29, 2020.
  27. ^ Barker, Kim (June 27, 2020). "The Black Officer Who Detained George Floyd Had Pledged to Fix the Police". New York Times. Retrieved September 3, 2020.
  28. ^ Quinlivan, Mark (May 29, 2020). "George Floyd death: Newly emerged surveillance footage shows no evidence of resistance". Newshub. Archived from the original on May 30, 2020. Retrieved May 30, 2020.
  29. ^ Andone, Dakin (May 28, 2020). "Surveillance video does not support police claims that George Floyd resisted arrest". CNN. Archived from the original on May 28, 2020. Retrieved May 28, 2020.
  30. ^ Andrew, Scottie (June 2, 2020). "Derek Chauvin's wife requests to change her last name in divorce filing". CNN.
  31. ^ "Prosecutors: Derek Chauvin Had Knee On George Floyd For 7:46, Not 8:46". CBS Minnesota. Associated Press. June 17, 2020. Retrieved July 2, 2020.
  32. ^ a b Hauser, Christine (May 26, 2020). "F.B.I. to Investigate Arrest of Black Man Who Died After Being Pinned by Officer". The New York Times. Archived from the original on May 26, 2020. Retrieved May 26, 2020.
  33. ^ Murphy, Paul P. (June 3, 2020). "New video appears to show three police officers kneeling on George Floyd". CNN. Retrieved June 18, 2020.
  34. ^ "Prosecutors: Officer had knee on Floyd for 7:46, 1-minute error not expected to impact criminal case". KSTP. June 18, 2020. Retrieved July 24, 2020.
  35. ^ Thorbecke, Catherine (May 29, 2020). "Derek Chauvin had his knee on George Floyd's neck for nearly 9 minutes, complaint says". ABC News. Archived from the original on June 5, 2020. Retrieved June 5, 2020.
  36. ^ Andrew, Scottie (June 1, 2020). "Derek Chauvin: What we know about the former officer charged in George Floyd's death". CNN.
  37. ^ Hauck, Grace; Wagner, Dennis (May 29, 2020). "George Floyd death: Experts say knee-to-neck restraint is dangerous, but Minneapolis allows it". USA Today. Mclean, Virginia: Gannett.
  38. ^ Andrew, Scottie (May 29, 2020). "The move used to restrain George Floyd is discouraged by most police. Here's why". CNN.
  39. ^ McCarthy, Bill (May 29, 2020). "The death of George Floyd: What you need to know". PolitiFact.
  40. ^ Forliti, Amy (June 23, 2020). "Minneapolis police chief says Floyd's death was 'murder'". Twin Cities Pioneer Press. Media NewsGroup Inc. Retrieved June 24, 2020.
  41. ^ Madani, Doha; Li, David K.; Winter, Tom (May 29, 2020). "Ex-officer who knelt on George Floyd's neck charged with murder". NBC News. Retrieved May 29, 2020.
  42. ^ Torres, Ella; Mansell, William; Pereira, Ivan (May 29, 2020). "Minnesota protest live updates: Derek Chauvin charged with murder in connection with George Floyd's death". ABC News. Archived from the original on May 29, 2020. Retrieved May 29, 2020.
  43. ^ Kim, Catherine (May 31, 2020). "What we know about the officers involved in George Floyd's death". Vox.com. Archived from the original on June 4, 2020. Retrieved June 1, 2020.
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  46. ^ Romero, Dennis (June 4, 2020). "Experts say upgraded charge against officer in George Floyd's death fits". Archived from the original on June 6, 2020. Retrieved June 5, 2020.
  47. ^ "Amended Complaint – State of Minnesota v. Derek Michael Chauvin" (PDF). Minnesota District Court, Fourth Judicial District. June 3, 2020. Archived from the original (PDF) on June 4, 2020. File No. 27-CR-20-12646
  48. ^ a b "George Floyd Death: Derek Chauvin's Now Faces 2nd-Degree Unintentional Murder; 3 Other Officers Charged". CBS Minnesota. June 3, 2020. Archived from the original on June 3, 2020. Retrieved June 3, 2020.
  49. ^ "$1.25M bail set for Derek Chauvin at his initial appearance Monday in George Floyd's death". Star Tribune.
  50. ^ Lyden, Tom (June 9, 2020). "Ex-Minneapolis police officer Chauvin was in talks to plead guilty before arrest". FOX 9. Retrieved June 10, 2020.
  51. ^ Montemayor, Stephen; Xiong, Chao (June 3, 2020). "Attorney General Keith Ellison to elevate charges against officer who knelt on George Floyd's neck; also charging other 3 involved". Minnesota Star-Tribune. Archived from the original on June 3, 2020. Retrieved June 3, 2020.
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  53. ^ "Correctional Officers File Racial Discrimination Charges Over Guarding Derek Chauvin". NPR.org. Retrieved June 23, 2020.
  54. ^ a b "Former MPD Officer Derek Chauvin, Charged In George Floyd's Death, Released From Custody". WCCO. October 7, 2020. Retrieved October 7, 2020.
  55. ^ "Derek Chauvin released from jail on $1 million bond". Fox 9. October 7, 2020. Retrieved October 7, 2020.
  56. ^ "Notice of Release" (PDF). Hennepin County Sheriff's Office. October 7, 2020. Retrieved October 27, 2020.
  57. ^ Andone, Dakin; Jimenez, Omar; Parks, Brad; Jones, Kay (October 22, 2020). "Judge drops third-degree murder charge against former officer Derek Chauvin in George Floyd's death, but second-degree murder charge remains". CNN. Retrieved October 22, 2020.
  58. ^ Bailey, Holly (October 22, 2020). "Judge dismisses third-degree murder charge against officer in George Floyd's death; upholds more serious charge". The Washington Post. ISSN 0190-8286. Retrieved October 27, 2020.
  59. ^ Ray Sanchez, Gregory Lemos and Brad Parks. "Judge orders one trial for four ex-cops charged in George Floyd's killing, keeps case in Minneapolis". CNN. Retrieved February 28, 2021.
  60. ^ Monserud, Andy (November 5, 2020). "Four Cops Charged in Floyd Death to Be Tried Together". Courthouse News Service. Retrieved November 5, 2020.
  61. ^ Li, David K. (January 13, 2021). "Derek Chauvin to be tried separately in George Floyd death case". NBC News. Retrieved March 9, 2021.{{cite web}}: CS1 maint: url-status (link)
  62. ^ Mannix, Andy; Jany, LIbor (February 23, 2021). "Federal prosecutors convene grand jury for civil investigation into ex-Minneapolis officer Derek Chauvin". Star Tribune.{{cite news}}: CS1 maint: url-status (link)
  63. ^ Libor, Jany (November 18, 2020). "Seeking to show pattern of excessive force by Chauvin, prosecutors cite incident with 14-year-old boy who couldn't breath". Star Tribune.{{cite news}}: CS1 maint: url-status (link)
  64. ^ a b "Floyd murder suspect charged with tax crimes". BBC News. July 23, 2020. Retrieved July 23, 2020.
  65. ^ Wright, Will (July 22, 2020). "Derek Chauvin Charged With Multiple Tax-Related Felonies in Minnesota". The New York Times. ISSN 0362-4331. Retrieved July 23, 2020.
  66. ^ "Former Minnesota Police Officer Derek Chauvin Charged With Tax Evasion". Retrieved July 23, 2020.
  67. ^ a b "Ex-cop charged in Floyd's death faces 9 tax evasion counts". July 22, 2020. Retrieved July 23, 2020.
  68. ^ "Refugee once shamed for her looks vying to be the first Hmong Mrs. Minnesota". Twin Cities. June 2, 2018. Retrieved July 24, 2020.
  69. ^ "False claim targets wife of police officer Derek Chauvin charged in George Floyd's death". The Mercury News. June 1, 2020.
  70. ^ "Former Minneapolis cop Derek Chauvin's wife requests to change her last name in divorce filing". The Mercury News. June 2, 2020.
  71. ^ "Derek Chauvin's wife filing for divorce, report says". Twin Cities News. May 29, 2020.

Further reading

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