MINNEAPOLIS (AP) — Prosecutors charged a Minneapolis police officer accused of pressing his knee against George Floyd’s neck with second-degree murder on Wednesday, and for the first time leveled charges against three other officers at the scene, according to criminal complaints.
The upgraded charge against Derek Chauvin says the officer’s actions were a “substantial causal factor” in Floyd’s death.
“Officer Chauvin’s restraint of Mr. Floyd in this manner for a prolonged period was a substantial causal factor in Mr. Floyd losing consciousness, constituting substantial bodily harm, and Mr. Floyd’s death as well,” the criminal complaint said.
Widely seen bystander video showing Floyd’s May 25 death has sparked protests nationwide and around the world against police brutality and discrimination. The officer, Derek Chauvin, was fired May 26 and initially charged with third-degree murder and second-degree manslaughter. The three other officers involved were also fired but were not immediately charged.
Minnesota Attorney General Keith Ellison upgraded the charge against Chauvin to unintentional second-degree murder. He also charged Thomas Lane, J. Kueng and Tou Thao with aiding and abetting second-degree murder and second-degree manslaughter.
Ellison was expected to talk about the new charges on Wednesday afternoon.
Attorney Earl Gray, who represents Lane, told The Associated Press that the Star Tribune’s initial report about the charges was accurate, before ending the call. Before news of the upgraded charges, an attorney for Chauvin said he was not making any statements at this time. Attorneys for Thao and Kueng did not return messages seeking comment on the charges.
Attorney Ben Crump tweeted that the Floyd family was “deeply gratified” by Ellison’s action and called it “a source of peace for George’s family in this difficult time.” He said Ellison had told the family his office will continue to investigate and upgrade charges against Chauvin to first-degree murder if warranted. Reached by phone, Crump declined to speak beyond the statement or make clear when Ellison had spoken with the family and whether he had been informed directly that additional charges had been filed.
Floyd’s family and protesters have repeatedly called for criminal charges against all four officers as well as more serious charges for Chauvin, who held his knee to Floyd’s neck, despite his protests that he couldn’t breathe, and stayed there even after Floyd stopped moving. Floyd, a black man, was in handcuffs when he died with his face pressed to the street.
“He died because he was starving for air,” Crump said at a news conference earlier Wednesday. “He needed a breath. So we are demanding justice. We expect all of the police officers to be arrested before we have the memorial here in Minneapolis, Minnesota, tomorrow.”
Crump said the other officers failed to protect a man who was pleading for help and said he couldn’t breathe.
“We are expecting these officers to be charged as accomplices,” he said.
Personnel records released by the city show Chauvin served as a military policeman in the U.S. Army in the late 1990s. Since being hired as a police officer in 2001, he has been awarded two medals of valor: One for being part of a group of officers who opened fire on a stabbing suspect after the man pointed a shotgun at them in 2006, and one for apprehending another man in a domestic incident in 2008. In the latter incident, Chauvin broke down a bathroom door and shot the man in the stomach.
Chauvin was reprimanded in 2008 for pulling a woman out of her car in 2007, frisking her and placing her in his squad car after he stopped her for speeding 10 miles per hour over the limit. His dashboard camera was not activated and a report said he could have interviewed the woman while standing outside her car.
Lane, 37, and Kueng both joined the department in February 2019 and neither have any complaints on their files.
Lane previously worked as a correctional officer at the Hennepin County juvenile jail and as a probation officer at a residential treatment facility for adolescent boys.
Kueng was a 2018 graduate of the University of Minnesota where he worked part-time on campus security. He also worked as a theft-prevention officer at Macy’s in downtown Minneapolis while he was in college.
Tou Thao, a native Hmong speaker, joined the police force as a part-time community service officer in 2008 and was promoted to police officer in 2009. He was laid off later that year due to budget cuts and rehired in 2012.
Gov. Tim Walz and the Minnesota Department of Human Rights on Tuesday launched a civil rights investigation of the Minneapolis Police Department and its history of racial discrimination, in hopes of forcing widespread change.
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Associated Press reporters Scott Bauer and Todd Richmond in Madison, Wisconsin, and Bernard Condon and Michael Sisak in New York contributed to this report.
I have had a back and forth with other posters on this and think this is 110% the right move. To add come legal context, Murder 2 requires a showing of “intent” to kill - which is SUBJECTIVE. Prosecutors need to show that Chauvin formed the “intent” to kill Floyd at some point before Floyd died.
Absent some other evidence (e.g. something in the past - remember that Chauvin and Floyd worked together at a bar) to show a reason why Chauvin would want to kill Floyd, it is going to be very hard to convince a jury that the death was intentional. Note that the act of Chauvin keeping his knee on Floyd was dangerous, and might lead to death, but that is Murder 3, not murder 2. It does not show intent by itself.
However, in the big picture, prosecutors almost always over charge. They may not take those charges to the jury (i.e. drop before trial) and instead use them as leverage. That a Cop is involved, and the DA does not seek the higher charge really stands out to me. I think the DA Freeman fueled the riots by doing something different with Chauvin than he would have done in a normal case, and the logical reason - a cop is involved - is just wrong.
Ellison is doing what Freeman should have done from the start - charge murder 2 as to Chauvin, and probably negligent manslaughter for the other 3 officers. I think this is what Ellison would have done from the start, but he had to spend some time coming up with something more to overrule the FUBAR decision from the 74 year old White DA.
And to add a key detail to this: Here is Tribe’s take:
And what Tribe describes as a quirk in MN law (i.e. the statute does not say this, facially what Chauvin did seems to fit Murder 3 more closely) is what I recall CA law is - death resulting from a dangerous criminal act apart from the murder itself, which results in death is Murder 2 or what is called “Felony-Murder”
This really is the better theory, and if Tribe is right (full disclosure I have not pulled or read the cases) then it makes what Freeman did initially all the more suspicious.
ThIs was written in 2015 but it is relevant. It gives context to what Ellison is up against as prosecutor for Floyd case. Kroll is current head of Minneapolis police union. Arredondo is now police chief. Excerpt:
“Kroll was named in a 2007 racial discrimination lawsuit against the department that was brought by five black officers — including current deputy chief Medaria Arradondo — after Kroll reportedly called U.S. Rep. Keith Ellison a terrorist and made disparaging comments about a gay aide to former Mayor R.T. Rybak in front of several other high-ranking commanders.“ ~Star Tribune.
This is how this should have been handled from the beginning. However I don’t think the events of the last week would have been any different.
Thousands of protestors chant ‘I can’t breathe’ for nine minutes at Colorado’s Capitol
https://twitter.com/COTimesRecorder/status/1266815884737249280 (video)
The president of the Minneapolis police union has written to its members calling George Floyd a “violent criminal”, describing those protesting over his death as terrorists and criticizing the city’s political leadership for not authorizing greater use of force to stop the rioting.
I think Floyd’s stature, 6’6” 200#, race & criminal background create intent for ChauvIn. ChauvIn moonlighted as inside security for over decade at club Floyd was recently hired as bouncer. As LEO it is reasonable believe ChauvIn did background check simply based on his race & stature which would be intimidating to many men, let alone one with racial bias. Making ChauvIn aware of his criminal background. And creating inhumane bias against Floyd in his mind. An ex-con gets no respect as human being from LEO.
ChauvIn was not arresting office. Lane & Keug had handcuffed Floyd & he was sitting on wall as they ran his docs. It is reasonable to believe that ChauvIn as responding officer knew who suspect was once those docs were ran. ChauvIn knew the suspect & planned to kill Floyd when he arrived. It may be “circumstantial evidence” but that is for defense to prove.