Showing posts with label CHAUVIN. Show all posts
Showing posts with label CHAUVIN. Show all posts

June 25, 2021

 

Derek Chauvin Sentenced to 22.5 Years in Prison for Murder of George Floyd

Derek Chauvin
AP

Former Minnesota police officer Derek Chauvin has been sentenced to 22.5 years in prison for the murder of George Floyd, Minnesota judge Peter Cahill ruled on Friday.

The aggravating factors, such as Chauvin’s abuse of power, added 10 years to the presumptive sentence, Cahill explained.

“What the sentence is not based on is emotion or sympathy, but at the same time, I want to acknowledge the deep and tremendous pain that all the families are feeling, especially the Floyd family. You have our sympathies. And I acknowledge and hear the pain you’re feeling. I acknowledge the pain not only of those in this courtroom, but the Floyd family who are outside this courtroom and other members of the community,” Cahill said, adding that he explained his legal reasoning for the sentence in a 22-page memorandum.

On April 20, a jury found Chauvin guilty of murder after a three-week trial that garnered national attention. He was convicted on all three charges he faced: second-degree murder, third-degree murder and manslaughter. The charges carried maximum sentences ranging from 10 to 40 years in prison.

At the sentencing, Floyd’s daughter Gianna Floyd, nephew Brandon Williams, and brothers Terrence Floyd and Philonise Floyd gave victim impact statements, speaking in front of Chauvin and the court. Williams and Philonise Floyd requested Chauvin receive the maximum prison sentence.

“I ask about him all the time,” 7-year-old Gianna Floyd said over a video call. “I want to play with him, have fun, go on a plane ride.”

Carolyn Pawlenty, Chauvin’s mother, addressed the court and described her son as a good man and devoted police officer. In a brief statement, Chauvin offered his condolences to the Floyd family, but couldn’t provide a full statement due to additional legal matters.

“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. I hope things will give you some peace of mind,” he said.

Ahead of the sentencing on Friday, Chauvin’s defense attorney Eric Nelson filed a motion requesting a new trial, claiming Chauvin was deprived of his constitutional right to a fair trial. He argued that Cahill should’ve allowed the trial to take place in a different location and that the jurors should have been sequestered for the duration of the entire trial, instead of only during their deliberations, due to the large public interest in the case. Nelson also claimed that a juror gave a false testimony during the selection process and that the state engaged in prosecutorial misconduct. However, Cahill ruled that Nelson failed to prove any of his allegations, denying his request for a new trial.

Chauvin has been in a maximum-security prison since the verdict.

On May 25, 2020, Chauvin pinned Floyd to the ground, with his knee pressed into Floyd’s neck for nine minutes and 29 seconds, despite Floyd saying multiple times that he could not breathe. A bystander video that captured Floyd’s death quickly spread online, sparking worldwide protests against police brutality and systemic racism, and in support of the Black Lives Matter movement.

April 2, 2021

Chauvin's Former Supervisor Testifies Restraint Should Have Ended Much Sooner

 NPR

David Ploeger, a retired Minneapolis police sergeant who was Derek Chauvin's shift supervisor.

Court TV via AP

Retired Sgt. David Ploeger of the Minneapolis Police Department testified Thursday in the trial of former officer Derek Chauvin that the force officers used against George Floyd went on too long and should have ended once Floyd had been handcuffed and stopped resisting.

"When Mr. Floyd was no longer offering up any resistance to the officers, they could have ended the restraint," Ploeger told the court.

"It would be reasonable to put a knee on someone's neck until they were not resisting anymore, but it should stop when they are no longer combative," he said, later adding that officers are supposed to put restrained subjects on their side to help with their breathing, according to police policy.

Ploeger was the final witness on Thursday and opened the door to what will likely be a technical portion of the trial.

Ploeger, who was the shift supervisor in charge of Chauvin and the three other officers responding to the call about a man trying to use a counterfeit bill at Cup Foods, was repeatedly asked about the department's use of force policies in an attempt to establish whether Chauvin violated those protocols or acted within their bounds.

The veteran law enforcement officer is the supervisor who was called by 911 dispatcher Jena Scurry on the day Floyd died in police custody. Scurry, who testified on Monday, had become alarmed watching real-time video footage of the arrest, and told the court that the officers pinned Floyd to the ground in a prone position for so long, she initially believed her dispatch screen had frozen.

In a tape of her call to the department, the court heard her telling Ploeger that she believed the officers used excessive force but that the incident had not been reported as of that moment.

That call prompted Ploeger to call Chauvin on his cellphone, an exchange the jury heard for the first time on Thursday.

In the call, the sergeant asks Chauvin what's going on.

"I was just going to call and have you come out to our scene here," the defendant can be heard saying.

"We had to hold a guy down. He was going crazy. ... He wouldn't go in the back of the squad," Chauvin said before the recorded portion of the call was cut off.

He does not tell Ploeger that he had managed to restrain Floyd by pressing his knee into the Black man's neck for nearly nine minutes as onlookers narrated what appeared to be his final breaths.

"I believe he told me that they had tried to put Mr. Floyd, I didn't know his name at the time, Mr. Floyd into the car. He had become combative," Ploeger recalled on the stand.

"I think he mentioned that he had injured — either his nose or his mouth, a bloody lip, I think, and eventually after struggling with him, he suffered a medical emergency and an ambulance was called and they headed out of the scene," Ploeger continued.

Following the call, Ploeger said he drove to the scene of the incident, where upon arrival learned of the gravity of the situation. But even after he arrived, he told the court, neither Chauvin nor any of the other officers informed him that the defendant had knelt on Floyd's neck and back, while handcuffed and long after he'd passed out.

It wasn't until later that night at the Hennepin County Medical Center that Chauvin finally told him what he'd done, Ploeger said. But the officer did not specify the length of time, he had pinned down Floyd.

Defense attorney Eric Nelson spent much of the cross examination asking Ploeger a series of hypothetical questions to illustrate how officers are required to assess various threat levels in any given situation and modify their behavior accordingly.

If during an arrest, a crowd of bystanders grows increasingly volatile, Nelson asked, should an officer focus on the arrest or the crowd?

"I guess you'd have to deal with both simultaneously," Ploeger responded.

Then Nelson proposed a more extreme scenario: He asked if Ploeger were involved in a gun battle and a person was injured, would he deal with threat or perform CPR on the imaginary victim?"

Ploeger said he would deal with the threat.

In response to another of Nelson's questions, Ploeger said he agreed that officers sometimes have to do very violent things.

Prosecutor Steve Schleicher then picked up the same thread but came at it from the opposite angle.

"Sometimes the information they're taking in would cause officers to take more drastic measures. But sometimes the information they are taking in would cause them to use less dramatic measures," Schleicher stated.

"Correct," Ploeger responded.

"Some information the officer must take in is whether or not the subject is resisting and if the subject is not resisting, there is no longer the need to continue to detain them," the prosecutor asked.

"Correct."

Schleicher then asked if it would be reasonable in the critical thinking model for an officer to take the subject's medical condition into account.

"For example if the subject is no longer breathing, would it be important to take that into account. ... Or if the subject no longer has a pulse, should they take than into consideration and decide to maybe take a different step?

"Yes," Ploeger agreed.

"And in such a case would it be possible that the officer may not need to do something violent but less violent. Like render medical assistance?"

Again, Ploeger said yes.

Schleicher then returned to the example of the gun battle posed by Nelson.

"You didn't see a gun battle," he asked, referring to the various videos Ploeger has reviewed of the incident.

"No," Ploeger responded.

Courtroom Video: Floyd's Girlfriend Testifies On Day 4 Of Derek Chauvin Trial

 NPR

Courteney Ross, who was George Floyd's girlfriend, remembered him as "a mama's boy" as she testified Thursday in the trial of former Minneapolis police officer Derek Chauvin.

Court TV/Pool via AP

Prosecutors began the fourth day of former Minneapolis police officer Derek Chauvin's trial on murder charges by calling George Floyd's girlfriend, Courteney Ross, to the stand. Ross spoke about her affection for Floyd; she also acknowledged that both she and Floyd struggled with opioid addiction.

In her emotional testimony, Ross described to the jury the man she knew, adding detail to a life that ended when Floyd died in police custody last Memorial Day.

Ross, 45, often smiled as she spoke about Floyd. But at times, she also needed to take moments to collect herself, growing emotional after she was asked to tell the story of how they met, for instance.

Ross said she met Floyd in August 2017 while waiting in the lobby of the Salvation Army's Harbor Light shelter in Minneapolis.

She was tired and frustrated, Ross recalled, as she waited for the father of her son to come down. She then heard a deep voice, asking her if she was OK. Ross said that she was not.

"He said, 'Well, can I pray with you?' " she recalled, weeping at the memory.

Floyd was working at the shelter as a security guard, she said.

YouTube

After Ross told Floyd that she and her son's father were no longer in a relationship, he got her number – and over the next three years, they saw each other nearly every day, she told Minnesota Assistant Attorney General Matthew Frank.

Describing how the couple often went out for walks and to eat at restaurants, Ross said, "It was fun, it was an adventure, always, with him."

In the months before his death, Floyd was the head of security at Concha, a bistro and nightclub, Ross said. But he lost that job due to the COVID-19 pandemic, she added.

Ross described Floyd as "a mama's boy" — and she said he was hit hard by his mother's death in May 2018.

"When he came back from Houston, he seemed kind of like a shell of himself," she said. It seemed like he was broken and sad, she added.

"He was devastated," Ross said.

As Ross wept, Frank asked if she wanted to take a break.

"I'm OK," she said. "I can do it."

Ross also said that she and Floyd "both suffered with opioid addiction," acknowledging that drug use was a part of their relationship. She said both had gotten prescriptions for chronic pain — for her, in her neck, and for him, in his back, she said.

Despite repeated attempts to break free from addiction, she said, they struggled with opioids "every day." But there were stretches of time, she added, in which neither one was using the drugs.

In early 2020, both Ross and Floyd quit using drugs for "a long period," she said. But she said that by May, she suspected that Floyd had started using opioids again, adding that she also did so at least once that month.

The couple did not live together. At the time of Floyd's death, he was staying in an apartment with two roommates, Ross said.

When asked about the last time she spoke with Floyd, Ross said they talked by phone on the Sunday before he died.

In that conversation, Floyd said he was going to stay at the home of a friend named Sylvia whom he knew from the Salvation Army, Ross said. She said that Floyd seemed lonely and wanted to see a group of friends, including many who had lost their jobs. They were "just kind of being a family," Ross said.

She described Floyd as "very active," saying he loved sports and lifted weights every day as part of his workout.

"He was the type of person that would just run to the store," she said with a laugh.

Ross said she had never heard Floyd complain of shortness of breath – an observation that could play into how Floyd's health is perceived. Chauvin's defense team says that Floyd's physical condition, specifically problems with his heart, contributed to his death.

After the prosecution's initial round of questioning, Chauvin's attorney, Eric Nelson, asked Ross detailed questions about how she and Floyd acquired their opioids.

"Was Morries Hall the person that you and Mr. Floyd bought controlled substances from?" Nelson asked.

"We had," Ross replied.

Hall is the man who has been identified as Floyd's friend, who was in the passenger seat of the SUV Floyd drove to Cup Foods on the day he died. Notably, Hall's attorney filed court papers Wednesday, saying that Hall would invoke his Fifth Amendment right against self-incrimination and asking the court to quash a subpoena for him to testify.

That notice came hours after a Cup Foods clerk testified that Hall had tried to pass a similar $20 bill to the one Floyd used, but the bill was rejected because it seemed to be counterfeit.

In court, Nelson showed Ross a photograph – Defense Exhibit 1006, he said – that Ross identified as Hall. It was taken on May 25, 2020, showing Hall wearing red and white clothing.

Nelson then turned to an incident in early March 2020 when Floyd needed to be hospitalized.

Describing what happened, Ross said she was going to drive Floyd to work, but he wasn't feeling well.

"He was doubled over in pain" and said he need to go to the hospital, she said, so they went to an emergency room.

Ross said that she later learned the incident was due to an overdose. Floyd spent several days in the hospital, she said. Ross said she didn't know what drug had caused the overdose.

"You did not know that he had taken heroin?" Nelson asked.

"No," Ross replied, shaking her head.

Nelson then asked Ross to describe some pills she and Floyd acquired in March 2020. They weren't uniform in their size, she said. And under questioning, she said that their effect was different from opioids she had taken.

Describing opioids' usual effect of relieving pain and relaxing her, Ross said that the drug in the pills "seemed like it was a really strong stimulant" that kept her from sleeping and made her jittery.

She later testified that the couple got similar pills again in May, including a purchase a week before Floyd's death. Ross told Nelson that she believed those pills came from Hall, although she didn't see them being bought.

The Hennepin County medical examiner's autopsy report of Floyd's death ruled that it was a homicide, saying his heart and lungs stopped functioning "while being restrained" by police officers. But it also noted "other significant conditions," including fentanyl intoxication and recent methamphetamine use as well as heart disease.

The pills the couple took in March did not come from Hall, Ross said in response to Nelson's question.

Nelson later asked Ross about how much time Floyd spent with Hall – and whether she liked Hall.

"I didn't like Morries very much, no," Ross said, adding later that she "speculated" that Floyd would buy drugs from Hall.

Nelson then asked a series of questions that seemed to drive toward naming the people who supplied drugs to Floyd.

Ross said she was speculating when she told the FBI that Floyd's overdose in early March was due to heroin. She said she was also speculating when she told agents about whom she blamed for providing the drug.

Nelson asked, "Was that Shawanda Hill?" and Ross replied, "Yes."

Hill has been identified as the woman who was sitting in the back seat of the car with Floyd and Hall outside Cup Foods, according to police body camera footage from the scene.

Hill is expected to be called to testify later in the trial.

March 31, 2021

Third Day of Chauvin Trial: Witness speaks of guilt, helplessness in Floyd’s death as new video is shown.

 

The teenage store clerk who first confronted George Floyd about his use of a fake $20 bill said in court on Wednesday that he felt “disbelief and guilt” when he saw Derek Chauvin kneeling on Mr. Floyd’s neck in front of the store after a co-worker called 911.

The clerk, Christopher Martin, 19, said he had quickly recognized that the $20 bill that Mr. Floyd used to buy cigarettes at the Cup Foods convenience store on May 25 appeared to be fake. At the urging of a manager, Mr. Martin twice went outside to Mr. Floyd’s car and asked him to come inside the store to pay for the cigarettes or talk with the manager.

Mr. Martin said he thought Mr. Floyd, unlike a friend of Mr. Floyd’s who had tried to use a fake bill earlier that day, had not realized that the bill was fake. “I thought I’d be doing him a favor” by accepting it, Mr. Martin said.

He said the store’s policy at the time was that clerks who accepted a fake bill had to pay to replace it themselves. Mr. Martin said that after Mr. Floyd and a passenger in his car refused to come back into the store, he offered to pay the store for it himself, but his manager later asked another worker to call the police.

Minutes later, Mr. Floyd was handcuffed on the ground under several Minneapolis police officers, and Mr. Martin could be seen on surveillance video with his hands raised over his head.

“If I would’ve just not taken the bill, this could’ve been avoided,” Mr. Martin testified.

During his testimony, prosecutors played surveillance footage from inside Cup Foods for the first time, showing Mr. Floyd chatting and laughing with shoppers and employees as he moved around the store. At one point, he purchased a banana, and at another point he was holding what appeared to be cash.

Mr. Martin said that Mr. Floyd had been friendly when he walked into the store and that the two had briefly discussed sports, but that Mr. Floyd had struggled to finish his sentences and appeared to be high on a drug.

An autopsy determined that Mr. Floyd was intoxicated with fentanyl and had recently used methamphetamines, but prosecutors have argued that the amount of drugs would not have been fatal for him because he had built up a tolerance over years of addiction. Medical experts and discussion of the autopsy are expected to be a major focus of the trial in the coming weeks.

About 30 minutes after the clerk called 911, Mr. Floyd was taken away on a stretcher. Not long after, he was pronounced dead at a hospital.

The third day of testimony in the trial of former Minneapolis police officer Derek Chauvin brought more anguish from people who wished they could have kept Floyd alive. Tuesday’s proceedings were dominated by young witnesses who also shared their helplessness and regret over a fateful day last May.

In body-camera footage shown for the first time Wednesday, Chauvin told an upset witness, “We’ve got to control this guy because he is a sizable guy.”


Here’s what to know:


  • Charles McMillian, the witness who started crying while video played, said he spoke with Chauvin five days before Floyd’s death. “I told him, like I tell all, ‘Officer, at the end of the day, you go home to your family safe, and let the next person go home to their family safe,’ ” McMillian said. 

  • Prosecutors on Wednesday showed the jury body-camera footage from former Minneapolis police officers Thomas Lane, Alexander Keung and Tou Thao that was released last summer. All three were fired along with Chauvin and are charged with aiding and abetting murder and manslaughter.

    The footage began with Lane confronting Floyd in a parked vehicle, pointing a gun and telling Floyd to put his hands up without explaining what the officer was investigating.

    A distraught Floyd begs officers not to kill him: “Please don’t shoot me, man,” he pleads from the car. “I just lost my mom, man.”

    Officers try for several minutes to get Floyd in a vehicle as he struggles and protests that he is claustrophobic.

    “I’m not a bad guy,” Floyd says.

    The video also captures Floyd protesting as he’s pinned to the ground in handcuffs, saying he cannot breathe and telling his mom he loves her.


  • As Floyd was being detained by police, witness Charles McMillian, 61, said Wednesday that he told him: “Get on in the car because you can’t win.”

    McMillian said he was trying to make the situation with Floyd easier based on his own interactions with police.

    He said he understood that once placed in a police car, “You’re done.”

    Floyd can be heard in the video saying that he’s scared and claustrophobic as officers continued to force him in the car.

    McMillian can be heard off to the side telling Floyd he was going to have a heart attack based on how he was