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Tribune News Service
Tribune News Service
National
Chao Xiong and Paul Walsh

Former Minneapolis cop charged with murder, manslaughter in George Floyd death

MINNEAPOLIS _ In an unusually swift move, Hennepin County Attorney Mike Freeman on Friday afternoon announced murder and manslaughter charges against the Minneapolis police officer who killed George Floyd _ an act caught on video and seen around the world, turning Minneapolis and St. Paul into a tinderbox as angry demonstrators set a police station ablaze and looted and destroyed several businesses.

Derek Chauvin, 44, was arrested late Friday morning and charged with third-degree murder and second-degree manslaughter four days after he pinned his knee on Floyd's neck for nearly nine minutes Monday at the intersection of East 38th Street and Chicago Avenue as Floyd, who was unarmed and handcuffed, told him he couldn't breathe.

He is the first white officer in Minnesota to be criminally prosecuted in the death of a black civilian.

Bystanders also begged Chauvin and three other officers at the scene to relent, but their calls went unheeded as Floyd grew unresponsive and later died.

The criminal complaint, citing the autopsy, pointed out that Floyd did not die from strangulation but a combination of being restrained along with various underlying medical conditions including heart disease and hypertension.

Chauvin's attorney, Tom Kelly, declined to comment about the allegations against his client, who remains jailed with his first court appearance yet to be scheduled. Minneapolis Police Officers Federation President Lt. Bob Kroll was unavailable for comment.

The heavily redacted video was released by the Minneapolis Park Police Department.

According to the criminal complaint, police were called after Floyd was suspected of passing a fake $20 at the Cup Foods store. Officers Thomas Lane and J Alexander Kueng approached Floyd, who was sitting in a car with two other people. Lane pointed his gun at Floyd, who placed his hands on the steering wheel. Lane returned his gun to the holster and pulled him out of the car. Floyd initially resisted being handcuffed, but once cuffed was compliant. When the officers tried to put Floyd in their squad car he stiffened and fell to the ground and said he was claustrophobic.

Chauvin then arrived with his partner, Tou Thao, and the four officers struggled to place Floyd in the squad car. Chauvin then pulled Floyd out of the vehicle, and the 6-foot-6 Floyd went to the ground while still handcuffed, the complaint read.

As two officers held Floyd's back and leg, Chauvin had his knee on the Floyd's neck, the charges continued.

Floyd then began repeating "I can't breathe" along with "Mama" and "please," the charges read. One or more of the officers said to Floyd, "You are talking fine" as he continued moving back and forth.

None of the three officers moved from their positions, according to the complaint, which said one of them was worried about Floyd displaying "excited delirium or whatever."

"Excited delirium" is a controversial condition, often related to drug use, that can allegedly lead to violence or physical agitation.

"I must say, this case has moved with extraordinary speed," Freeman said. "We have never charged a case (against a police officer) in that kind of time frame."

Asked whether two nights of protest that destroyed several buildings in Minneapolis and St. Paul factored into his charging decision, Freeman said the move was based on evidence, which includes video, witness statements, a preliminary medical examiner's report and discussions with an expert.

Freeman had said at a news conference Thursday that such investigations take time. He implored the community for patience.

Asked what changed between then and Friday, the county attorney said new evidence his office received as recently as Thursday afternoon played a role in the charging decision. He declined to elaborate.

Three other officers involved in Floyd's curbside detention were also fired, but they have yet to be arrested or charged.

Freeman explained that Chauvin was the first of the four charged because, "We felt it was important to focus on the most dangerous perpetrator. I must say this case has moved with extraordinary speed."

The county attorney said he anticipates the other officers will be prosecuted, but he declined to speculate on the possible charges that could be levied against them.

Thao can be seen in the video of the incident standing watch as Chauvin knelt on Floyd's neck. Thao also rebuffed bystanders who begged the officers to relent and to check Floyd's pulse after he went limp.

As Lane, Kueng and Chauvin held down Floyd, Lane asked if they should reposition his body.

"Should we roll him on his side?" Lane asked, according to the charges.

"No, staying put where we got him," Chauvin responded.

"I am worried about excited delirium or whatever," Lane said.

"That's why we have him on his stomach," Chauvin said.

The three officers continued to hold Floyd down.

Paramedics and emergency room staff at Hennepin County Medical Center worked for nearly an hour to revive Floyd, who arrived with no pulse. The 46-year-old St. Louis Park man was pronounced dead about 9:25 p.m.

Freeman declined to say whether any of the former officers have given a statement to investigators.

An attorney representing Floyd's family called the arrest and charging of Chauvin "is a welcome but overdue step on the road to justice."

Benjamin Crump's statement went on to say he and Floyd's survivors expected a more serious charge and arrests of the other officers.

An angry crowd broke into the Minneapolis Police Department's 3rd Precinct headquarters Thursday night and set fire to the building, capping another day of protests, many of them violent, across the Twin Cities.

"We call on authorities to revise the charges (against Chauvin) to reflect the culpability of this officer," the statement continued. "We fully expect to see the other officers who did nothing to protect the life of George Floyd to be arrested and charged soon."

The swiftness of the charges came as activists, politicians and the greater public had been calling for arrests and prosecution of the former officers all week in a time when large sections of Minneapolis and St. Paul were thrust into sometimes violent protest that devolved into looting, arson, theft and property damage.

But Chief County Public Defender Mary Moriarty noted that Chauvin was still afforded more time and consideration than her office's clients.

"Our clients should be afforded a complete and thorough investigation before they are charged, just like a police officer," she said. "Many of our clients, who are frequently black or brown, get charged and sit in jail while they do further investigation."

Activists and community members have long complained that suspects are often arrested as soon as the same day of a death and charged within 24 hours, a complaint echoed by the Rev. Al Sharpton Thursday afternoon when he visited the site of Floyd's death.

Mayor Jacob Frey released a statement after Chauvin was charged that said "what's happened in Minneapolis is bigger than any one city and any single event. For our black community who have, for centuries, been forced to endure injustice in a world simply unwilling to correct or acknowledge it: I know that whatever hope you feel today is tempered with skepticism and a righteous outrage.

"We are a nation at a crossroad, and today's decision from the county attorney is an essential first step on a longer road toward justice and healing our city."

It's the state's fourth prosecution of an officer for an on-the-job killing of a civilian represents the shortest turnaround time on a charging decision.

Freeman's office charged former Minneapolis officer Mohamed Noor in March 2018 eight months after he fatally shot Justine Ruszczyk Damond. Jurors convicted Noor in 2019 of third-degree murder and second-degree manslaughter.

The Ramsey County attorney's office charged then-St. Anthony police officer Jeronimo Yanez in 2016 four months after he fatally shot Philando Castile. He was eventually acquitted at trial.

Washington County Deputy Brian Krook was charged in 2019 nine months after he fatally shot Benjamin Evans in 2018. He was also acquitted.

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