MN - George Floyd, 46, Minneapolis, 25 May 2020 **Media & Timeline - NO DISCUSSION

DNA Solves
DNA Solves
DNA Solves
Posted by @Tippy Lynn as to legal aspects of what was discussed today in court/use of deadly force legal MN reference.


Subd. 2.Use of deadly force.
(a) Notwithstanding the provisions of section 609.06 or 609.065, the use of deadly force by a peace officer in the line of duty is justified only if an objectively reasonable officer would believe, based on the totality of the circumstances known to the officer at the time and without the benefit of hindsight, that such force is necessary:

(1) to protect the peace officer or another from death or great bodily harm, provided that the threat:

(i) can be articulated with specificity by the law enforcement officer;

(ii) is reasonably likely to occur absent action by the law enforcement officer; and

(iii) must be addressed through the use of deadly force without unreasonable delay; or

(2) to effect the arrest or capture, or prevent the escape, of a person whom the peace officer knows or has reasonable grounds to believe has committed or attempted to commit a felony and the officer reasonably believes that the person will cause death or great bodily harm to another person under the threat criteria in clause (1), items (i) to (iii), unless immediately apprehended.

(b) A peace officer shall not use deadly force against a person based on the danger the person poses to self if an objectively reasonable officer would believe, based on the totality of the circumstances known to the officer at the time and without the benefit of hindsight, that the person does not pose a threat of death or great bodily harm to the peace officer or to another under the threat criteria in paragraph (a), clause (1), items (i) to (iii).

https://www.revisor.mn.gov/statutes/cite/609.066
 
---by @Tippy Lynn
The policy was changed or removed in June 2020 - just days after this incident.

A chokehold, the manual states, is a "deadly force option," which the police department defines as "applying direct pressure on a person's trachea or airway." A neck restraint is a "non-deadly force option" defined as "compressing one or both sides of a person's neck with an arm or leg, without applying direct pressure to the trachea or airway."

The training manual, issued to all new officers, also features an image of how to execute the neck restraint. "Ok they are in handcuffs now what," the title above the image states. The department warns that "sudden cardiac arrest typically occurs immediately following a violent struggle." It also advises officers to "place the subject in the recovery position to alleviate positional asphyxia" and encourages officers to call emergency services once the suspect is in handcuffs.

The training manual on May 25, 2020 also advises officers to place the subject in the recovery position to alleviate positional asphyxia after the suspect is in handcuffs.

The Minneapolis Police Department trained its officers to use the neck restraint that led to George Floyd's killing, according to court documents

----Post by JerseyGirl

Courtroom setup:


JerseyGirl, 22 minutes ag
 
Miscellanous Media Posts of Interest that were pre-trial

--Post by SouthAussie

According to a second December divorce proposal - that came after the initial October one - Kellie Chauvin's share of marital assets was $658,461, while Derek Chauvin's share was an $8,862 debt.

Non-marital assets, money and property that were earned before marriage are normally awarded to the earner. Derek Chauvin's non-marital award was $429,630. Kellie Chauvin's share, meanwhile, was $45,256.

The agreement would see Kellie Chauvin would receive $754,911 from Derek Chauvin's pension and three of his other bank accounts, while her husband would receive $452,524 in nonmarital assets from the same accounts.

Newer article:
George Floyd: Derek Chauvin finalises divorce from his wife under secret terms | Daily Mail Online

--- Post by Lilibet

He has 22 various cases/complaints of his own, only one of which had consequences for him. One will be allowed at the trial...

Last week, a judge in Minnesota ruled that prosecutors could present the details of her 2017 arrest in their case against the former officer, who was charged with second-degree unintentional murder in Floyd’s death.

Code’s case was one of six arrests as far back as 2015 that the Minnesota attorney general’s office sought to introduce, arguing that they showed how Chauvin was using excessive force when he restrained people by their necks or by kneeling on top of them — just as he did in arresting Floyd. Police records show that Chauvin was never formally reprimanded for any of these incidents, even though at least two of those arrested said they had filed formal complaints.

Of the six people arrested, two were Black, one was Latino and one was Native American. The race of two others was not included in the arrest reports that reporters examined.

Discussing the encounters publicly for the first time in interviews with The Marshall Project, three people who were arrested by Chauvin and a witness in a fourth incident described him as an unusually rough officer who was quick to use force and callous about their pain.

The people Derek Chauvin choked before George Floyd
---

Officer Who Pressed His Knee on George Floyd’s Neck Drew Scrutiny Long Before

Mr. Chauvin, his lawyer and family members have declined to talk to The Times. Yet dozens of interviews with acquaintances depict a police officer who seemed to operate at an emotional distance from those around him. Mr. Chauvin was a quiet and rigid workaholic with poor people skills and a tendency to overreact — with intoxicated people, especially — when a less aggressive stance might have led to a better outcome, interviews show.

He was awkward. Other officers often didn’t like him or didn’t know him. He didn’t go to parties and didn’t seem to have many friends. Some neighbors knew so little about him that they didn’t even know he was a police officer until after his arrest.


Older article:
Derek Chauvin and wife Kellie ordered to make divorce files public | Daily Mail Online

-- Post by @sds71 (Excellent background document MOO)

So many redactions it’s hard to tell but some of the cases in the article were used in the lawsuit filed by the family

https://www.courthousenews.com/wp-content/uploads/2020/07/floyd-family.pdf

---Post by SouthAussie

There are quite a few articles out there about the culture of the Minneapolis police department, in general. I remember reading them after the senseless murder of Justine Damond, and I have read more now that Chauvin has been charged and is on trial.

It is not irrelevant, but who knows if the subject will be broached in Chauvin's trial. I guess we wait and see.


A Minneapolis Police Officer Opens Up About the Toxic Culture Inside the Department
The Minneapolis police department has a long history of brutality
Minneapolis Police Are 7 Times More Likely To Use Force Against Black People
Minneapolis struggled with police violence and adopted reforms. ‘And yet, George Floyd is still dead.’
 
Last edited:
Documents below associated with Use of Force/Deadly Force/Neck Restraints etc.

Lanes motion saying neck restraint was not deadly force, see pages 11-14
https://www.courthousenews.com/wp-content/uploads/2020/07/floyd-family.pdf
MOO This is a must read for folks viewing this thread, you won't be able to stop at page 14 - talks a lot about MPD training etc - and gives insight to where the defense is heading on this matter MOO

Defense Exhibits 6,7,8 - Includes manual and ? (was used for Lane motion to dismiss)
https://www.mncourts.gov/mncourtsgo...ses/27-CR-20-12951-TKL/Exhibit67807072020.pdf

MINNEAPOLIS POLICE DEPARTMENT TRAINING MANUAL (Exhibit 7)The State provided hundreds of pages regarding Minneapolis Police Training. Some important topics found in the manual (Exhibit 7) and taught to Lane include: Multi-officer response options – pointing out head, arm, and leg control by multiple officers; Maximum restraint technique or hobble;Active resistance; Authorized use of force; Neck restraint – definition, using arm or leg, during active resistance; When to handcuff – flight risk; Removing non-compliant subject from vehicle; When force may be used to make arrest; Vehicle extraction scenarios; Excited delirium – symptoms, risk factors, restraint with multiple officers, recovery position and sudden cardiac arrest (photo), and law enforcement control with sedative medical intervention. See Exhibit 7 to review these topics taken from the training materials.

Documents below associated with differing 2nd and 3rd degree, and jury instruction verbiages submitted to Judge this week by Prosecution

Coleman case law... https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12646/Coleman04012021.pdf

Noor case law.... https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12646/Noor04012021.pdf

Site with all the court documents for Chauvin and Other 3

Chauvin case Minnesota Judicial Branch - 27-CR-20-12646: State vs. Derek Chauvin

Lane/Keung/Tao case Minnesota Judicial Branch - Current High Profile Cases

---Post by SouthAussie
(ED NOTE: This is Update from March 2021... I understand things have changed since GF killed?)

Unless something has changed since 25 May 2020, choke holds/neck restraints are considered deadly force, as per MN statute.
(They have since been prohibited for Minneapolis police in an MPD update.)


Sworn MPD employees are only authorized to use force consistent with MPD training. Just because force is legally justified does not automatically mean that using force or the level of force is authorized by policy; for example, some specific types of use of force are limited to specific circumstances and force must comply with all applicable sections of policy including those related to de-escalation. Some specific examples include that:

• While MN Statute includes Choke Holds as legally permissible in Deadly Force situations, MPD officers are prohibited from using such techniques (see the Prohibition on Neck Restraints and Choke Holds section in P&P 5-302).

https://www.minneapolismn.gov/media...documents/MPD-Policy-and-Procedure-Manual.pdf


MN Statute section 609.06 Subd. 3 (b) defines a choke hold “as a method by which a person applies sufficient pressure to a person to make breathing difficult or impossible, and includes but is not limited to any pressure to the neck, throat, or windpipe that may prevent or hinder breathing, or reduce intake of air. Choke hold also means applying pressure to a person's neck on either side of the windpipe, but not to the windpipe itself, to stop the flow of blood to the brain via the carotid arteries.”


----

Minneapolis PD Trained Officers to Use the Neck Restraint That Killed George Floyd: Docs
 
Last edited:
WEEKEND MEDIA UPDATES AND THREAD CONTRIBUTIONS

--- Posted by @CrimeAway

Law and Crime Network roundup of 1st week trial testimony, and discussion of Mr. (Morries/Maurice) Hall.


--- Posted by @turaj

another BCA Interview with Thomas Lane....one of the rookies..
Thomas Lane BCA interview in George Floyd death

Listening to this makes me angry that Chauvin/Thao decided to come to Cups Foods...Nathan sounds reasonable...of course he was lawyered up but I think he would testify that it was 'TOO MUCH FORCE" and very much regrets not having done more.

----Posted by @turaj

came across this BCA Interview with Thao....despite living in Minneapolis some things are just now coming to my attention...Squad 320 really got the Cup Foods call and the squad of Chauvin and Thao were back up...they were called off but chose to go anyway!!! Have to think if the rookies handled this call it would have been much different.

 
MEDCRAM video on Floyd autopsy -

Just came across this in feed. Dr. Hansen is with MedCram, one of the two sites (other is Dr. Campbell) that we at WS have followed for science on the COVID thread. They give videos that a "normal lay person" can gain knowledge from vs. speaking to other scientists/doctors.

I learned sooooooo much from this video, so sharing here knowing he is approved by WS. e.g. asphyxia isn't just lungs breathing, it's medical terminology is also "no oxygen to the brain". He also goes into compression and positional asphyxia, how there may not be postmortem signs (e.g. bruising) for such. Also, most deaths have multifacted reasons not just one. Who knew?


Screenshot for pressure needed below which may come in at trial

pressure.JPG
 
Last edited:
During court proceedings on another matter Monday, Nelson asserted for the first time that fragments of a pill with Floyd’s DNA on it were found in the back of the squad car. The fragments contained methamphetamine and fentanyl, he claimed. Prosecutors acknowledged the existence of the pill fragments and that they contained methamphetamine, but they did not address the other claims.…
The “foam” around Floyd’s mouth was probably spittle, they said, and “hooping” was a reference to playing basketball, which Floyd often did. They also noted Nelson’s conflicting claims that Floyd had taken drugs orally and rectally. The prosecutors did not respond to a request for an interview.
The biggest problem for the defense argument is that events that evening don’t fit a fentanyl overdose, experts said.
https://www.washingtonpost.com/heal...d4f328-76ec-11eb-9537-496158cc5fd9_story.html

When questioned by police later, both of the passengers in Mr. Floyd’s vehicle asserted their belief that Mr. Floyd was under the influence of narcotics. Ms. Hill told investigators that Mr. Floyd was “probably on some pills or something.”
At the time officers approached George Floyd in the vehicle, there were outstanding felony warrants in the State of Minnesota for Mr. Hall, including one for being a felon in possession of a firearm. (Id.). When questioned at the scene, Mr. Hall provided officers with a false name and another person’s identification. (Id.). However, because of George Floyd’s resistance, officers were unable to question Mr. Hall, search his person or his backpack. In fact, surveillance video from the nearby Dragon Wok restaurant shows that Mr. Hall appeared to use Mr. Floyd’s resistance as a distraction to destroy evidence. The video demonstrates that Mr. Hall watched through the windows of Mr. Floyd’s vehicle to ensure that he was not being observed by police. (M.D. at 3). Then, using Ms. Hill’s body and the vehicle to shield himself from view, Mr. Hall furtively dropped something into the sewer drain on the street.
https://kstp.com/kstpImages/repository/cs/files/Brief - Respondent.pdf



DAY 7 TRIAL Tuesday 4/6/2021

23) Ker Yang - Sgt MPD Crisis Intervention Training Coordinator
24) Johny Mercil - Lt. MPD Oversees MPD Use of Force education who trained Chauvin
25) Nicole MacKenzie - MPD Mecial Support Coordinator
26) Jody Stiger - Los Angeles Use of force expert


AP News - Police official: Chauvin trained to avoid neck pressure

USA Today - Derek Chauvin trial day 7: EMT, more police testify about training

CNN - George Floyd: Police use-of-force instructor says Derek Chauvin's kneeling is not a trained restraint - CNN

ABC News - Many of Derek Chauvin's law enforcement colleagues disagree with how he restrained George Floyd. Here's how they have testified.

Independent - Officers used ‘excessive’ force against George Floyd, LAPD expert testifies - follow live

Star Tribune - Floyd's passenger emerges as complicated figure in Chauvin trial

ABC News - Man in car with George Floyd the day he died doesn't want to testify in Derek Chauvin trial

Washington Post - https://www.washingtonpost.com/nation/2021/04/06/derek-chauvin-trial/
 
Last edited:
Post by South Aussie

Hall fled because he had outstanding warrants.

He fled two days after George was killed.

But Mr. Hall — who had outstanding warrants for his arrest on felony possession of a firearm, felony domestic assault and felony drug possession — provided a false name to officers at the scene of Mr. Floyd’s arrest, according to a Minnesota official.
Mr. Hall left Minneapolis and hitchhiked to Houston two days later, after visiting a memorial at the site of the police encounter.

Witness Who Was in Floyd’s Car Says His Friend Did Not Resist Arrest
 
Posted by @Niner in MT

Cathy Russon
@cathyrusson
·
8m
#DerekChauvinTrial - Nelson points out this part of the police use of force policy: The reasonableness of a particular use of force must be judged from the perspective of the reasonable officer on the scene.



link: https://twitter.com/cathyrusson



Paul Blume
@PaulBlume_FOX9
·
55m
Prosecutor Steve Schleicher having Sgt. Jody Stiger walk the jury thru video screenshots of #DerekChauvin knee on #GeorgeFloyd neck area. Says knee positioning did NOT change during the full 9 minute & 29 seconds of the restraint even after the ambulance arrived.


Sgt. Stiger points out a "pain compliance technique" where officers squeeze a subject's hand to get compliance as #DerekChauvin is seemingly captured here with a handcuffed & prone


Meant to share this MPD graphic yesterday depicting the departments use of force matrix as it relates to the resistance of a subject. Sgt Stiger concludes "No force should have been used" once #GeorgeFloyd is prone, handcuffed on the ground.



Schleicher just asked Sgt Stiger about crowd of bystanders? Hostile? No. Throwing bottles, attacking officers? No. Sgt Stiger says he did not consider this crowd to be a threat, explaining they were filming what was happening & expressing their concerns for #GeorgeFloyd


MOMENTS AGO: State use of force expert, LAPD Sgt Jody Stiger talking about the deadly risks of positional asphyxia. Eric Nelson has now begun his cross examination.


link: https://twitter.com/PaulBlume_FOX9/status/1379810763498348549
 
Testimony resumed Thursday with Dr. Martin Tobin, an expert who specializes in pulmonology and critical care.

Tobin, a Chicago-based physician who is a renowned expert on pulmonology (medical issues involving the lungs and respiratory system), testified that Floyd died of a low level of oxygen.

Tobin said Floyd's "shallow breaths weren't able to carry air through his lungs, down to the essential areas of the lungs that get oxygen into the blood and get rid of carbon dioxide."

Tobin testified Floyd's position was akin to being caught in a vise between the pressure from the officers atop him and the street below, interfering with his ability to expand his left lung. Tobin said the weight of Chauvin's knee on Floyd's neck compressed his airway, also compromising his breathing.

Derek Chauvin Trial Live Updates: Court resumes after testimony on drugs in George Floyd's car

Four factors led to Floyd's low oxygen level, Tobin says:
  • his prone position on the street;
  • the handcuffs that pulled his arms back;
  • a knee on his neck;
  • a knee on his back and down his side.
"All of these four forces are ultimately going to result in the low tidal volume, which gives you the shallow breaths" that can't effectively bring oxygen into the lungs, Tobin said.

Hennepin County Medical Examiner Dr. Andrew Baker is expected to take the stand Friday.

Live Updates: Trial Over George Floyd's Killing

@cathyrusson
·
55m
#DerekChauvinTrial - IMPORTANT TESTIMONY FOR THE STATE: DR. Tobin says the drug fentanyl wasn't responsible for #GerogeFloyd depressed respiration. Deprived of breathing for 9 mins 50 secs is the cause of his carbon dioxide level.
 
Posted by sds71 in MT

Deena Winter (@deenafaywinter) / Twitter

I have a few minutes before the Chauvin trial resumes, so a few observations from inside the courtroom today. Dr. Martin Tobin seemed to have the jury's full attention from start to finish today. When he talked, they listened. When the prosecution played a video, they watched.

And when he made a major point, they took notes. A few samples: When Tobin said Floyd died from a low level of oxygen, or asphyxia, nearly every juror was taking notes.

When he went on to explain the cause of Floyd's low oxygen level was shallow breathing, the one juror who hadn't taken notes, started taking notes

As Dr. Tobin explained how during the first five minutes Chauvin’s right knee was on Floyd’s arm and rammed into his left chest, most are still taking notes after he’s explained this.


As Tobin explained how the handcuffs were an extremely important factor, combined with the street, most were taking notes.

Then when Dr. Tobin explained how we breath, they were almost all watching the doctor, not taking notes, as he explained the pump handle and bucket handle.

An aside: during the sidebar over Nelson’s objection to a graphic, I’m surprised how many of the jurors immediately start chatting with one or others. The way three of the jurors immediately started chatting you wonder what they’re discussing, since they’re strangers.

When the doctor begins demonstrating and inviting the jurors to find their Adam’s apple, etc. most of them did it, then took notes. After a sidebar, during which I assume Nelson questioned this, the judge told jurors they don’t have to do anything the witness instructs.

When the doctor continued, most of the jurors continued to do it to themselves anyway. When the doctor said all of Chauvin’s body weight was directed on Floyd’s neck when his toe was off the ground, most jurors wrote this down.

When the doctor said you can’t speak without your brain being active, Nelson asks for a sidebar and several jurors take notes, many continue to examine the illustration still on the video screens.

As they played a video on the calculation of Floyd’s lung volume while he’s sitting on the sidewalk, all jurors I could see (all but one) watched the video, and as the doctor was explaining somewhat complicated medical stuff about the ELV, the jurors all look at him and listen.

As Tobin explains why it’s not dangerous to sleep face down, but it can be fatal to deal with everything Floyd was dealing with, ending with that “then it’s a whole different kettle of fish,” most jurors took note — literally.


After Tobin says it doesn’t matter if Chauvin’s right knee was on Floyd’s back, neck, arm or side, most jurors write this down. After he explains the 43% reduction in ELV and how Floyd was fighting against the street, one juror appears to be looking directly at Chauvin.

Virtually all of the jurors took notes after Tobin said Chauvin kept the knee on more than three minutes after the doctor believes Floyd had no oxygen left.

When Tobin says it’s true that “if you can speak, you can breathe” but it gives an “enormous false sense of security” because that doesn’t mean you’ll be breathing five seconds later, one juror seems to nod her head in agreement.


When Tobin says if you stop the flow of oxygen, you lose consciousness in 8 seconds, and after video is played showing Floyd’s legs moving backwards, & Tobin says, “You’re seeing here fatal injury to the brain from a lack of oxygen,” almost all the jurors take notes.

As Tobin explains how Floyd’s carbon dioxide level went up exactly as much as you’d expect after a 9:50-minute gap after he took his last breath, almost all jurors took notes.

And when they played (Exhibit 404) with Floyd’s eyes flickering, and then Tobin says “so one second he’s alive, and one second he is no longer,”and says at 20:20:53 “That’s the moment the life goes out of his body” most jurors were writing; Chauvin was looking down.

Tobin explained how Floyd was moving his hips & rocking to try to get air, and the knee restraint continued 3:27 minutes after he stopped breathing, & 2:44 minutes after officers found no pulse. Then they did a sidebar; most jurors wrote notes rather than chatting. Back to court!
 
posted by @sds72 on MT

GF Autopsy Report

https://www.hennepin.us/-/media/hen...lic-safety/documents/floyd-autopsy-6-3-20.pdf

----

Hennepin County Chief Medical Examiner Dr. Andrew Baker's expected testimony Friday about the cause of George Floyd's death could pose challenges for both the state and defense if it mirrors the contents of at least a half-dozen meetings he had with prosecutors about his autopsy results leading up to the murder trial of former Minneapolis police officer Derek Chauvin.

Documents obtained by the Star Tribune show Baker ruled the death a homicide and said Floyd's May 25 arrest placed added stress on his already ailing heart that increased the likelihood of a "bad outcome." But he also expressed skepticism that placing Floyd stomach-down in the street with three officers on top of him would be "any more dangerous than other positions."

In an unusual move that appeared to underscore a growing gap between the state and Baker, prosecutors sought out several outside medical experts, including a forensic pathologist — Dr. Lindsey Thomas — who duplicates Baker's role at trial as a witness on the cause of death. Two additional out-of-state experts testified Thursday.
Prosecutor, medical examiner talks underscore complexity of Derek Chauvin case
 

Members online

Online statistics

Members online
53
Guests online
4,578
Total visitors
4,631

Forum statistics

Threads
602,857
Messages
18,147,829
Members
231,555
Latest member
softhunterstech
Back
Top