Former Minneapolis police Officer Derek Chauvin has been convicted of murder and manslaughter in the death of George Floyd, the explosive case that triggered worldwide protests, violence and a furious reexamination of racism and policing in the U.S.
The jury reached its verdict Tuesday after deliberating about 10 hours over two days in a city on edge against another outbreak of unrest.
Floyd died last May after Chauvin, a white officer, pinned his knee on or close to the 46-year-old Black man’s neck for about 9½ minutes.
The courthouse was ringed with concrete barriers and razor wire, and thousands of National Guardsmen and other law enforcement officers were brought in ahead of the verdict.
The jury, made up of six white people and six Black or multiracial people, weighed charges of second-degree unintentional murder, third-degree murder and second-degree manslaughter, with convictions on some, none or all of the charges possible. The most serious charge carries up to 40 years in prison.
Earlier in the day Tuesday, President Joe Biden weighed in by saying he believes the case is “overwhelming.” Other politicians and ordinary citizens also offered their opinion.
“It shouldn’t be really even questioned whether there will be an acquittal or a verdict that doesn’t meet the scale of the crime that was committed,” Rep. Ilhan Omar, a Democrat, said in Brooklyn Center, a suburb just outside Minneapolis. The congresswoman said the Chauvin case looks open-and-shut.
Guilty verdicts could mark a turning point in the fight for racial equality, she said.
“We are holding on to one another for support. Hopefully this verdict will come soon and the community will start the process of healing,” Omar said.
In Washington, the president said that he had spoken to Floyd’s family on Monday and “can only imagine the pressure and anxiety they’re feeling.”
“They’re a good family and they’re calling for peace and tranquility no matter what that verdict is,” Biden said. “I’m praying the verdict is the right verdict. I think it’s overwhelming, in my view. I wouldn’t say that unless the jury was sequestered now.”
The president has repeatedly denounced Floyd’s death but previously stopped short of commenting.
For all three charges, prosecutors had to prove that Chauvin caused Floyd’s death and that his use of force was unreasonable.
Prosecutors didn’t have to prove Chauvin’s restraint was the sole cause of Floyd’s death, but only that his conduct was a “substantial causal factor.” Chauvin is authorized to use force as a police officer, as long as that force is reasonable.
To convict on any of these counts, jurors must find that Chauvin used a level of force that would be considered unreasonable to an objective officer in his position. Hindsight can’t be a factor.
The charges differ when it comes to Chauvin’s state of mind – with second-degree murder requiring some level of intent – not an intent to kill but that Chauvin intended to apply unlawful force to Floyd – all the way down to manslaughter, which requires proof of culpable negligence.
It’s also called felony murder. To prove this count, prosecutors had to show that Chauvin killed Floyd while committing or trying to commit a felony – in this case, third-degree assault. They didn’t have to prove Chauvin intended to kill Floyd, only that he intended to apply unlawful force that caused bodily harm.
Prosecutors called several medical experts who testified that Floyd died from a lack of oxygen because of the way he was restrained. A use of force expert said it was unreasonable to hold Floyd in the prone position for 9 minutes, 29 seconds, handcuffed and face-down on the pavement.
“No reasonable officer would have believed that that was an appropriate, acceptable or reasonable use of force,” prosecution witness Seth Stoughton testified.
Defense attorney Eric Nelson tried to raise doubts about Floyd’s cause of death – saying underlying heart issues and drug use were to blame.
For this count, jurors must find Chauvin caused Floyd’s death through an action that was “eminently dangerous” and carried out with a reckless disregard for and conscious indifference to the loss of life.
Mark Osler, a professor at University of St. Thomas School of Law, said prosecutors tried to prove the elements of this count through testimony about the dangers of subduing a handcuffed person in the prone position.
Dr. Martin Tobin, a lung and critical care specialist, testified for the prosecution that any healthy person subjected to this restraint would have died.
Minneapolis Police Lt. Johnny Mercil, a use-of-force instructor, testified that officers are trained to “stay away from the neck when possible.” Osler said Police Chief Medaria Arradondo was also effective in showing that Chauvin was not trained to use such a hold.
“They wanted to have a lot of evidence showing that what Chauvin did is not what he was trained to do and that the reason they don’t train people to do that is because it’s eminently dangerous,” Osler said.
Prosecutors had to show that Chauvin caused Floyd’s death through culpable negligence that created an unreasonable risk, and that he consciously took the chance of causing severe injury or death.
Testimony that revealed Chauvin should have known to put Floyd in a side recovery position, that he should have provided medical care before paramedics arrived and that he stayed in his position after he was told Floyd didn’t have a pulse could all point to negligence, said former U.S. Attorney Tom Heffelfinger.
Each count carries a different maximum sentence: 40 years for second-degree unintentional murder, 25 years for third-degree murder, and 10 years for second-degree manslaughter.
Chauvin has waived his right to have a jury decide if aggravating factors exist. So if he is convicted, Judge Peter Cahill will make that decision and would sentence Chauvin at a later date.
In Minnesota, defendants typically serve two-thirds of their penalty in prison, with the rest on parole.