George Floyd became an unwitting symbol of the systemic problem of police brutality in May, when he was callously killed by a Minnesota cop, who knelt on his neck for nearly 10 minutes, a ruthless act caught on video for all the world to see. Calls for police reform and for justice — not only for Floyd, but all the other Black men who have lost their lives through encounters with law enforcement — ensued over the summer in cities across the country. Floyd’s death also reinvigorated legislative reform efforts in Congress and states like Maryland, which is on the cusp of strengthening accountability measures for police. Not everyone believes reform legislation pending in the Maryland General Assembly goes far enough, but it is far better than what is currently on the books.
Now, in another test of just how much Black lives matter in this country, trial is set to begin for the former police officer, who less than a year ago, glanced around casually as Floyd — pinned beneath the officer — called for his mother and begged for his life. Derek Chauvin faces charges of second-degree unintentional murder and second-degree manslaughter, with potential for a third-degree murder charge still under consideration.
Yet, for all the emotions stirred up in so many people by the video of the encounter with Floyd, the fate of Chauvin, who has pleaded not guilty, will be decided by a jury of his peers and not public sentiment. History has shown us juries don’t always rule on the side of justice for the victim in these cases.
We have seen too many times how police officers have walked away with no legal culpability despite damning evidence against them. Like when a Kentucky grand jury brought no charges against Louisville police last year for the killing of Breonna Taylor, who was shot multiple times during an investigation of her boyfriend. In Maryland, two years after 19-year-old Anton Black died in Greensboro of sudden cardiac death after three police officers held him down, his estate filed a federal lawsuit in December alleging excessive force and a cover-up. No officers were ever prosecuted in the case.
In 2015, an Ohio grand jury refused to indict Timothy Loehmann and Frank Garmback, the Cleveland police officers involved in the fatal shooting of 12-year-old Tamir Rice as he played in a park. Then there’s Freddie Gray in Baltimore; Michael Brown in Ferguson, Missouri; and Eric Garner of New York City. All died at the hands of police. No one was held accountable in court.
In George Floyd’s case, Chauvin’s attorneys have already signaled in court documents that they will argue Floyd died from a drug overdose; the medical examiner found fentanyl in his system. It is also believed they will bring up information about Floyd’s underlying health conditions. Prosecutors don’t have to prove that Chauvin intended to kill Floyd, but whether his actions caused his death. For a conviction of second-degree unintentional murder, they will have to prove beyond a reasonable doubt that Floyd died because Chauvin assaulted him. A second-degree manslaughter conviction will require prosecutors to show beyond a reasonable doubt that Chauvin was negligent in putting his knee on Floyd’s neck and that his actions caused the man’s death. Three other officers involved in Floyd’s arrest have been charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter, and are scheduled for trial later this year.
The video seems pretty clear-cut. Floyd complains that he can’t breathe and begs several times for Chauvin to allow him air, but he is ignored until he lay still on the ground. Floyd was later declared dead at a local hospital. How could anyone not think Chauvin played a role after seeing the graphic video? But video doesn’t necessarily provide a sure shot at conviction, especially when it comes to a judicial system that too often gives police the benefit of the doubt in brutality cases.
Protests against police violence have already begun in Minneapolis and beyond, including in Baltimore over the weekend, as Chauvin’s trial begins. We can only hope their efforts to decry police abuse are met with a just verdict. Law enforcement need to hear the message loud and clear from the courts that excessive force will not be tolerated, and those who indulge in it will face the consequences.
