Did this really just happen?

[_Jersey Girl]

Here's the criminal complaint. I was wrong, Chauvin had his knee on Floyd's neck nearly 3 minutes after the other officer said he had no pulse. I'll pump up a few lines here.

State of Minnesota County of Hennepin
State of Minnesota,

Plaintiff,

vs.

DEREK MICHAEL CHAUVIN

COMPLAINT


Warrant

20A06620 27-CR-20-12646

DOB: 03/19/1976

27-CR-20-12646

Filed in District Court State of Minnesota 5/29/2020

District Court 4th Judicial District

The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s):

COUNT I

Charge: Murder – 3rd Degree – Perpetrating Eminently Dangerous Act and Evincing Depraved Mind

Minnesota Statute: 609.195(a), with reference to: 609.195(a) Maximum Sentence: 25 YEARS

Offense Level: Felony

Offense Date (on or about): 05/25/2020

Control #(ICR#): 20200338

Charge Description: That on or about May 25, 2020, in Hennepin County, Minnesota, Derek Michael Chauvin caused the death of George Floyd by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life.

COUNT II

Charge: Manslaughter – 2nd Degree – Culpable Negligence Creating Unreasonable Risk

Minnesota Statute: 609.205(1), with reference to: 609.205 Maximum Sentence: 10 YEARS AND/OR $20,000 Offense Level: Felony

Offense Date (on or about): 05/25/2020

Control #(ICR#): 20200338

Charge Description: That on or about May 25, 2020, in Hennepin County, Minnesota, Derek Michael Chauvin caused the death of George Floyd by his culpable negligence, creating an unreasonable risk and taking a chance of causing death or great bodily harm to George Floyd.

1

27-CR-20-12646 Filed in District Court State of Minnesota STATEMENT OF PROBABLE CAUSE 5/29/2020

On May 25, 2020, someone called 911 and reported that a man bought merchandise from Cup Foods at 3759 Chicago Avenue in Minneapolis, Hennepin County, Minnesota with a counterfeit $20 bill. At 8:08 p.m., Minneapolis Police Department (MPD) Officers Thomas Lane and J.A. Kueng arrived with their body worn cameras (BWCs) activated and running. The officers learned from store personnel that the man who passed the counterfeit $20 was parked in a car around the corner from the store on 38th Street.

BWC video obtained by the Minnesota Bureau of Criminal Apprehension shows that the officers approached the car, Lane on the driver’s side and Kueng on the passenger side. Three people were in the car; George Floyd was in the driver’s seat, a known adult male was in the passenger seat and a known adult female was sitting in the backseat. As Officer Lane began speaking with Mr. Floyd, he pulled his gun out and pointed it at Mr. Floyd’s open window and directed Mr. Floyd to show his hands. When Mr. Floyd put his hands in the steering wheel, Lane put his gun back in its holster.

While Officer Kueng was speaking with the front seat passenger, Officer Lane ordered Mr. Floyd out of the car, put his hands on Mr. Floyd, and pulled him out of the car. Officer Lane handcuffed Mr. Floyd. Mr. Floyd actively resisted being handcuffed.

Once handcuffed, Mr. Floyd became compliant and walked with Officer Lane to the sidewalk and sat on the ground at Officer Lane’s direction. In a conversation that lasted just under two minutes, Officer Lang asked Mr. Floyd for his name and identification. Officer Lane asked Mr. Lloyd if he was “on anything” and explained that he was arresting Mr. Lloyd for passing counterfeit currency.

Officers Kueng and Lane stood Mr. Floyd up and attempted to walk Mr. Floyd to their squad car (MPD 320) at 8:14 p.m. Mr. Floyd stiffened up, fell to the ground, and told the officers he was claustrophobic.

MPD Officers Derek Chauvin (the defendant) and Tou Thoa then arrived in a separate squad car.

The officers made several attempts to get Mr. Floyd in the backseat of squad 320 from the driver’s side. Mr. Floyd did not voluntarily get in the car and struggled with the officers by intentionally falling down, saying he was not going in the car, and refusing to stand still. Mr. Floyd is over six feet tall and weighs more than 200 pounds.


While standing outside the car, Mr. Floyd began saying and repeating that he could not breathe. The defendant went to the passenger side and tried to get Mr. Floyd into the car from that side and Lane and Kueng assisted.

The defendant pulled Mr. Floyd out of the passenger side of the squad car at 8:19:38 p.m. and Mr. Floyd went to the ground face down and still handcuffed. Kueng held Mr. Floyd’s back and Lane held his legs. The defendant placed his left knee in the area of Mr. Floyd’s head and neck. Mr. Floyd said, “I can’t breathe” multiple times and repeatedly said, “Mama” and “please,” as well. The defendant and the other two officers stayed in their positions.

The officers said, “You are talking fine” to Mr. Floyd as he continued to move back and forth. Lane asked, “should we roll him on his side?” and the defendant said, “No, staying put where we got him.” Officer Lane said, “I am worried about excited delirium or whatever.” The defendant said, “That’s why we have him on his stomach.” None of the three officers moved from their positions.

BWC video shows Mr. Floyd continue to move and breathe. At 8:24:24, Mr. Floyd stopped moving. At 8:25:31 the video appears to show Mr. Floyd ceasing to breathe or speak. Lane said, “want to roll him on his side.” Kueng checked Mr. Floyd’s right wrist for a pulse and said, “I couldn’t find one.” None of the officers moved from their positions.

At 8:27:24, the defendant removed his knee from Mr. Floyd’s neck. An ambulance and emergency medical personnel arrived, the officers placed Mr. Floyd on a gurney, and the ambulance left the scene. Mr. Floyd was pronounced dead at Hennepin County Medical Center.

The Hennepin County Medical Examiner (ME) conducted Mr. Floyd’s autopsy on May 26, 2020. The full report of the ME is pending but the ME has made the following preliminary findings. The autopsy revealed no physical findings that support a diagnosis of traumatic asphyxia or strangulation. Mr. Floyd had underlying health conditions including coronary artery disease and hypertensive heart disease. The combined effects of Mr. Floyd being restrained by the police, his underlying health conditions and any potential intoxicants in his system likely contributed to his death.

The defendant had his knee on Mr. Floyd’s neck for 8 minutes and 46 seconds in total. Two minutes and 53 seconds of this was after Mr. Floyd was non-responsive. Police are trained that this type of restraint with a subject in a prone position is inherently dangerous.

Defendant is in custody.

Filed in District Court State of Minnesota SIGNATURES AND APPROVALS 5/29/2020

Complainant requests that Defendant, subject to bail or conditions of release, be:

(1) arrested or that other lawful steps be taken to obtain Defendant’s appearance in court; or

(2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise be dealt with according to law.

Complainant declares under penalty of perjury that everything stated in this document is true and correct. Minn. Stat. § 358.116; Minn. R. Crim. P. 2.01, subds. 1, 2.

Complainant Michelle M Frascone Special Agent

1430 Maryland Avenue E St. Paul, MN 55106 Badge: 81

[_Chap]

The poor guy probably pissed himself in terror as he began to realise that the policeman kneeling on his neck actually intended to murder him. People do that.

We don't know that. For all we know a can of Dr. Pepper rolled out of the police vehicle and spilled out on the ground. That's where forensics comes in.

Of course we don't know the nature of the fluid found under Mr Floyd's body. That's why I used the word 'probably'.

When (alas, if!) the case comes to court, then forensic evidence will no doubt be cited on every topic, including the state of Mr Floyd's dental work. But for the moment, this is just a discussion board.

[_Jersey Girl]

The poor guy probably pissed himself in terror as he began to realise that the policeman kneeling on his neck actually intended to murder him. People do that.

We don't know that. For all we know a can of Dr. Pepper rolled out of the police vehicle and spilled out on the ground. That's where forensics comes in.

Of course we don't know the nature of the fluid found under Mr Floyd's body. That's why I used the word 'probably'.

When (alas, if!) the case comes to court, then forensic evidence will no doubt be cited on every topic, including the state of Mr Floyd's dental work. But for the moment, this is just a discussion board.

Yeah I tried to include information for DT there since your response built on a statement I'd made to him because he's trying to work out how various bits of evidences are put together to build the case and how it's used.

Don't make me roll my eyes at you, Chap. And stop posting when the Americans are about to fall asleep. It's creepy as hell.

p.s. :rolleyes:

[_Chap]

... stop posting when the Americans are about to fall asleep. It's creepy as hell.

Us bots run cheaper at night. Haven't you noticed that's when we mostly come out?

Or alternatively (as the lawyers say) in recent news, the earth is round.

[_ajax18]

I think the police should go on a nationwide strike.

[_Chap]

I think the police should go on a nationwide strike.

Uh-huh.

And their requirement for going back to work would be ... ?

Immunity from penalty if they kill anyone you might consider to be an uppity n****r? Or any damn person that annoys them and don't show no respect? Or what? Somehow I don't think your average cop will get the impression that you have thought things through sufficiently for them to heed your stirring call to action.

[_Doctor CamNC4Me]

Just chiming in this morning. SLC has an imposed curfew through Monday morning, after which various communities are already organized to head downtown and clean up the mess, remove the vandalism, and help out where they can. So. It's nice to see responsible and conscientious people want to lend a hand and clean up after the pieces of crap who went full ham. If I had my way, those who were arrested yesterday would be put on a work crew to clean up. If they choose that option charges would be reduced to a misdemeanor. But hey, I'm just booing from the sidelines.

I do wonder what kind of police, justice system, and economic reforms will come out of this. Here in SLC the Mayor and Police Chief have already extended a hand to various community organizations to sit down and figure out what they, the city, can do better. So that's nice.

- Doc

[_Gunnar]

I think the police should go on a nationwide strike.

On what grounds? Protesting about not being permitted to kill black suspects at will with complete impunity?

[_Some Schmo]

Am I the first one to suggest that defending Derek Chauvin is a whole new definition of "Chauvinistic?"

Man, that's awful.

I can't believe you thought of this before I did. Hats off.

[_EAllusion]

[quote=Chap post_id=1226376 time=1590912397 user_id=681]

The issue as presented by advocates of independence at the time was that it was improper for people to be taxed without representation in the House of Commons, the only body which could legally impose taxation on the British population. Seems reasonable enough to me. I don't think that the majority of colonists disputed that it was acceptable for people enjoying the benefits of an organised society to have to pay taxes to whatever the governing power happened to be - the issue, rather, was whether they accepted the legitimacy of that government.

After independence, the new governing structures in America continued to levy taxes like any other government, because they needed the money to build roads, bridges, and so on.

Is ajax17 suggesting otherwise?
[/quote]

In fairness, many of those same advocates rejected proposals to have representation in parliament because they would've been systematically outvoted. If you get one of those AP US history questions that asks you to take the side of the British, this is a point you should be prepared to make and support.

The American revolution had nothing to do with an opposition to taxes generally, though. That's true. Its not like the newly formed USA did not have taxes.

Separate fun fact: One of the main motivators for the American revolution, especially in the Northern colonies, was being fed up with British abuse of police powers. It's why our early government writings and documents are filled with attempts to reel in police powers.

Bringing those two points together, the Boston Massacre was the result of British troops acting as police violently putting down a mob of riotous protesters who were upset with British troops deployed in their city acting as law enforcement due to discontent over the crown's taxation policy.