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Trial of Derek Chauvin

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State v. Chauvin
CourtFourth Judicial District Court of Minnesota
Full case nameState of Minnesota v. Derek Michael Chauvin
SubmittedMay 29, 2020
ProsecutionKeith Ellison[1]
Matthew Frank[1]
Jerry Blackwell[1][2]
Citation27-CR-20-12646
Legislation citedMinnesota Statutes §§ 609.19.2(1) (Murder in the Second Degree - Unintentional);
609.195(a) (Murder in the Third Degree);
609.205(1) (Manslaughter in the Second Degree)
Case history
Related actions
Court membership
Judge sittingPeter Cahill[1]

State of Minnesota v. Derek Michael Chauvin is the criminal case against American former police officer Derek Chauvin, who is accused of unlawfully killing George Floyd. Chauvin is charged with second-degree murder, third-degree murder, and second-degree manslaughter, which carry penalties of up to 40 years of imprisonment.[3][4]

The trial is the first to result from Floyd's death. It began on March 8, 2021, at the Hennepin County Government Center in Minneapolis, Minnesota.[5] It is the first criminal trial in Minnesota that is entirely televised and the first in state court to be broadcast live.[5][6]

Background

Killing of George Floyd

Main article: Killing of George Floyd

Derek Chauvin was one of four officers involved in the arrest of George Floyd on May 25, 2020, on suspicion of using a counterfeit $20 bill at a market and was the field training officer for one of the other officers involved.[7] While Floyd was handcuffed and lying face down on the street, Chauvin knelt on Floyd's neck for nine minutes and 29 seconds.[8] For part of the time, two other officers knelt on Floyd's back.[9] During the final two[10] minutes Floyd was motionless and had no pulse.[11] Several bystanders took videos which were widely circulated and broadcast.[12] Two autopsies found Floyd's death to be a homicide.[13] Floyd also had Fentanyl intoxication and hypertensive and arteriosclerotic heart disease at the time of his death.[14]

Arrest, charges, and bail

May 29, 2020 initial criminal complaint against Chauvin

Chauvin was arrested on May 29, 2020,[15] and initially charged with third-degree murder and second-degree manslaughter,[16][17] making him the first White American police officer in Minnesota to be charged in the death of an African American civilian.[18][19] On June 3, charges were amended to include second-degree murder, specifically unintentional second-degree murder while attempting to commit felony assault.[20][21][22] Chauvin was released on conditional bail on October 7, 2020 after posting a bond of $1 million.[23][24] Court documentation provided that his release is supervised and 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.[25]

Pre-trial proceedings

On August 29, 2020, Chauvin's attorneys filed a motion to dismiss the case, claiming that Floyd most likely died as a result of drug use and preexisting medical conditions. On the same day, prosecutors moved to increase potential sentences for the four officers beyond the guidelines for all four accused, arguing that Floyd was vulnerable while being held down on the ground in handcuffs and was treated cruelly.[26][27][28]

On November 12, 2020, Judge Cahill initially ruled that Chauvin and the other three officers would be tried together.[29][30] On January 11, 2021, Cahill reversed this ruling such that this case only involves the trial of Chauvin, separate from the other officers.[31]

On October 22, 2020, Cahill dismissed the third-degree murder charge, but not the second-degree unintentional murder and second-degree manslaughter charges.[32][33] On March 11, 2021, on appeal, Cahill reinstated the third-degree murder charge against Chauvin.[34][3] The decision came after the Minnesota Supreme Court on March 10 denied the defense's petition for review of a Court of Appeals decision requiring Cahill to reconsider reinstating the charge.[3][35]

On March 19, 2021, after considering that drugs discovered in the SUV where Floyd was detained were confirmed to contain his DNA, Cahill allowed the defense to present limited evidence from Floyd's May 2019 arrest, when he also resisted officers and swallowed drugs, leading to dangerously high blood pressure, disallowed a forensic psychiatrist the prosecution wanted to testify that Floyd was acting like a normal scared person during the arrests, and dismissed a motion to postpone the trial in light of the civil settlement's publicity.[36]

Trial

Keith Ellison

Judge and attorneys

Hennepin County Judge Peter Cahill is presiding over the case.[1] Cahill has been a judge since 2007 and previously worked as a public defender and prosecutor.[1]

On May 31, 2020, Governor Tim Walz announced that Attorney General Keith Ellison would lead the prosecution instead of County Attorney Michael O. Freeman.[1] Freeman was the subject of protests and was later disqualified from working on the case.[37][38] The prosecution team also includes Matthew Frank, Jerry Blackwell, and Steven Schleicher.[1][2] Chauvin is represented by defense attorney Eric Nelson.[1]

Jury

Fencing erected around the Hennepin County Government Center in preparation for the trial

On December 22, 2020, prospective jurors in Hennepin County were mailed a questionnaire asking about their views on the criminal justice system, the police, and social movements.[5][39] The questionnaire also asked prospective jurors to disclose how many times they viewed videos of Floyd's death and whether they participated in the George Floyd protests.[5][39]

On March 8, 2021, jury selection was delayed until at least March 9, pending consideration of the third-degree murder charge against Chauvin.[40] Jury selection began on March 9, with the third-degree murder issue still unresolved by the Court of Appeals.[41] During jury selection, prospective jurors were questioned about their views on Black Lives Matter, Blue Lives Matter, and defunding the police.[42][43] Jurors were also questioned about Minneapolis' $27 million settlement with Floyd's family, with two seated jurors excused after news of the settlement changed their ability to be impartial.[42] Some potential jurors expressed fear of retribution if they were to return an unpopular verdict.[44][45] Twelve jurors and three alternates were seated as of March 23, with six white, four black, and two multi-racial jurors selected.[42][3] On the third day of trial, a juror had a "stress-related reaction" but declined medical attention.[46]

Opening statements

Opening statements from the prosecution and the defense were heard on March 29, 2021.[40] Prosecutor Jerry Blackwell started opening statements saying that "Mr. Chauvin betrayed his badge" while defense attorney Eric Nelson said that "Chauvin did exactly what he had been trained to do."[47]

Prosecution case

Prosecution witnesses and testimonies

About 400 people are included on a list of prospective trial witnesses.[48] The prosecution's witnesses include Floyd's brother and bystanders to Floyd's killing.[48]

The following witnesses have testified in the trial:

  • Jena Scurry, a 911 dispatcher who received the call about Floyd using a counterfeit bill; she viewed Floyd's arrest via live video, and was concerned about the manner of his arrest, leading her to call a police sergeant about the arrest[49]
  • Alisha Oyler, a bystander who filmed Floyd's death[50]
  • Donald Williams II, who witnessed Floyd's death and called the police on Chauvin,[51] Williams also has experience as a professional MMA fighter and was able to testify in this capacity.[52]
Williams, testified that Chauvin's kneeling on Floyd's neck was applying a "blood choke[53]" on Floyd. In Williams' opinion, Chauvin was "shimmying to actually get the final choke in" on Floyd. The arrest procedure was "torture", stated Williams.[54] Williams testified that he called 911 to report Floyd's killing because he believed he had "witnessed a murder".[55]
  • Four underage witnesses who witnessed Floyd's death and testified off camera[56]
One of the underage witnesses took the widely circulated video of Floyd's killing and said that Floyd was "terrified, scared, begging for his life," and saying "I can't breathe", while Chauvin "just stared at us" with "this cold look."[57]
Hansen said that she saw that Floyd "had an altered state of consciousness," because he was not responding to the "painful stimuli" of Chauvin's knee on his neck. She wanted to check Floyd for consciousness, start chest compressions, as well as render other medical attention, but was denied access to Floyd by the police.[60]
  • Christopher Martin, an employee at Cup Foods who received the counterfeit bill from Floyd[61]
Martin said "it would appear that [Floyd] was high" but that he was able to talk and communicate.[62]
  • Courteney Ross, Floyd's girlfriend, whom he called "Mama"[65]
Ross testified that Floyd had struggled with an opioid addiction having initially used the drugs to treat back pain. She also said that he had once been hospitalized for an overdose, and was in the car with a supplier at the time of his arrest. She said Floyd called her "Mama", the same name he called when on the ground.[66] She cried while giving details on her relationship with Floyd and the first time they met.[67]
Both paramedics, Bravinder and Smith, stated that when they arrived at the scene, they did not see signs of breathing or movement by Floyd; Smith thus believed Floyd was already dead.[68] The paramedics also stated that once they had been allowed access to Floyd, they checked for a heartbeat and detected none; efforts to resuscitate Floyd failed.[68]
  • Ret. Sgt. David Pleoger, a police supervisor. Scurry called him to report her concern about the arrest. Pleoger arrived at the scene after Floyd was taken away in an ambulance.[69]
Pleoger testified that the arresting officers "could have ended their restraint" of Floyd once he stopped resisting them while handcuffed on the ground.[69]
  • Sgt. Jon Edwards, who was sent to Cup Foods after the arrest to secure the crime scene.
  • Lt. Richard Zimmerman, an MPD homicide investigator[70]
Zimmerman testified that Chauvin's kneeling on Floyd's neck for an extended period of time was "totally unnecessary" and that such a move "can kill". Zimmerman further testified that once suspects are handcuffed, "the threat level goes down all the way", and the police "need to get them out of the prone position as soon as possible because it restricts their breathing".[70]
  • Dr. Bradford Langenfeld, the Emergency Medicine resident physician at Hennepin County Medical Center who pronounced Floyd dead.
Langenfeld testified that for any person whose heart had stopped (like Floyd), the chance of survival decreases by 10%-15% every minute that cardiopulmonary resuscitation (CPR) is not attempted.[71]
Arradondo testified that Chauvin violated department policy, training and ethics by continuing to restrain Floyd in that manner at various stages: when Floyd had ceased resisting, was "no longer responsive", and was "motionless". Alongside citing the "sanctity of life" and the "duty of care", Arradondo added that Chauvin had violated department policy by not deescalating the situation when possible, and by not providing immediate medical attention to Floyd.[72][73]
  • Inspector Katie Blackwell, who was the commander of the MPD's training division at the time of Floyd's death[72]
Blackwell testified that MPD policy was to train officers to use their arms to carry out a neck restraint on a suspect, instead of using an officer's knee like Chauvin did. She also testified that during the entirety of Chauvin's tenure with the department, MPD officers "were taught about positional asphyxia", and hence instructed to move suspects onto their sides "as soon as possible" once they are "under control."[74]
  • Lieutenant Johnny Mercil, state’s expert on MPD use-of-force policy and training
  • Officer Nicole Mackenzie, medical support coordinator, state’s MPD expert on medical issues.[citation needed]
  • Sergeant Jody Stiger of the Los Angeles Police Department, a national expert on use-of-force by police[75]
Stiger testified that the video showed Chauvin not changing the force he applied to Floyd's neck area during the restraint.[76] According to Stiger, "no force was reasonable in that position" where Floyd was prone and handcuffed.[75] In that position, Floyd was "not attempting to resist, not attempting to assault officers, kick, punch", opined Stiger.[75] The pressure exerted by Chauvin's body weight in that position may "cause positional asphyxia and could cause death", said Stiger.[75][77] Stiger testified that Chauvin executed a pain compliance technique on Floyd's wrist and knuckles, even though Floyd was prone, not resisting, and apparently unable to comply; this technique was applied for an excessive period of time.[75][77] Although Stiger said that a name-calling crowd could be viewed as "a potential threat", Stiger also testified that for the bystanders to Floyd's arrest: "I did not perceive them as being a threat", as most of their verbal remarks were due to "concern" for Floyd.[76] While Stiger agreed with defense attorney Nelson's assertion that police were trained to place a knee between the shoulder blades of suspects,[78] Stiger disagreed with Nelson's assertion that Chauvin had placed his knee "on" Floyd's shoulder blades, rather than "above" them.[75]
Tobin testified that Floyd died of low levels of oxygen caused by asphyxiation that resulted in brain damage and cardiac arrest, and that he did not die of a fentanyl overdose.[79]
  • Morries Hall, currently in jail, appeared via Zoom[citation needed]
  • Dr. Lindsey Thomas, forensic pathologist[80]
Thomas testified that there was "no evidence" that indicated that Floyd "would have died that night except for the interactions with law enforcement". Thomas said that the many videos of Floyd's arrest did not show signs of a death from a fentanyl overdose, as those deaths typically feature a person becoming "very sleepy" and then "peacefully stops breathing"; the videos also did not show Floyd experiencing a sudden death, as from a heart attack.[81]
  • Dr. Andrew Baker, Hennepin County medical examiner, he performed the official autopsy on Floyd's body[81]
Baker testified that he stood by his autopsy finding that Floyd's death was a homicide caused by cardiopulmonary arrest complicating police action. He said Floyd's heart disease, fentanyl intoxication and methamphetamine use were contributing causes but not direct causes because they "did not cause the subdual or the neck restraint". He said he did not believe the neck compression he saw in the videos (which left no signs of injury) could have restricted air or blood from Floyd's brain, but contributed to physiological stress, increased adrenaline and elevated blood pressure.[82]

Body camera and surveillance footage

External videos
video icon Raw police bodycam footage beginning approximately 8:09 p.m. on YouTube (1 hr 5 mins)

Body camera footage from the four officers involved was entered into evidence and shown at trial.[83] Chauvin's body camera footage showed him saying that "we had to control this guy because he's a sizable guy. It looks like he's probably on something."[84] Prosecutors also showed surveillance footage of Floyd at Cup Foods shortly before his death.[83]

Defense case

Witnesses for the defense

The defense's witnesses are scheduled to include Minnesota Bureau of Criminal Apprehension (BCA) agents, police officers, and expert witnesses from the medical community.[48]

Reactions

Members of the Minnesota National Guard at the Hennepin County Government Center on March 31, 2021; Protestors march in Minneapolis on March 7, 2021

Protests and demonstrations

Further information: 2020–2021 Minneapolis–Saint Paul racial justice protests § Trial of Derek Chauvin protests, March 7–ongoing

In early 2021, Minneapolis and Hennepin County officials spent $1 million on fencing and barricades for police stations and government buildings to prepare for potential civil unrest during the trial.[85] In February 2021, Governor Walz deployed the Minnesota National Guard for trial security and in the event of civil unrest, in response to requests from Minneapolis Mayor Jacob Frey and Saint Paul Mayor Melvin Carter.[86]

Protests, rallies, and marches have occurred outside of the courthouse,[87] which officials surrounded with a temporary concrete barrier, metal fencing, and barbed wire in anticipation of civil unrest.[88] On March 7, 2021, one day ahead of jury selection, several hundred protesters marched in downtown Minneapolis and rallied outside the courthouse to mourn Floyd's death and to call for police reform.[89] On March 8, about a thousand protesters gathered peacefully outside the courthouse to call for justice for Floyd and raise broader issues of racial injustice.[88]

On March 28, 2021, one day ahead of opening statements, several rallies and protests were held in Minneapolis, including a march in downtown Minneapolis to demand justice for Floyd and rallies at the courthouse and City Hall.[90] Floyd's family and Al Sharpton hosted a vigil at the Greater Friendship Missionary Baptist Church in Minneapolis.[90] During the trial, daily visitors from across the United States visited George Floyd Square.[91] On April 6, Floyd's family held a prayer and press conference outside the courthouse with Sharpton, family attorney Benjamin Crump, and former New York Governor David Paterson.[92]

Government officials

On March 29, 2021, White House Press Secretary Jen Psaki said that U.S. President Joe Biden will "be watching [the trial] closely", adding that Biden would not weigh in while the trial was ongoing and was not in touch with Floyd's family ahead of the trial.[93] U.S. Representative Cori Bush tweeted on March 29 that "Derek Chauvin is on trial" and "George Floyd is not on trial,"[94] adding on March 30 that Chauvin's defense attorney is "arguing that George Floyd does not deserve justice."[95]

References

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