The Law And Floyd's Actions: A Complex Case

The tragic death of George Floyd, an African-American man, at the hands of a white police officer, Derek Chauvin, sparked global protests and a reckoning on racism in policing. Chauvin knelt on Floyd's neck and back for over nine minutes, resulting in his death by asphyxiation. This incident brought to light the issue of police brutality, particularly towards Black individuals, and the role of racial biases in the criminal justice system. While Chauvin was convicted of murder and manslaughter, the discussion surrounding Floyd's death also raised questions about the role of prior criminal records in police interactions and the enforcement of low-level offenses.

Derek Chauvin's murder charge

On May 25, 2020, Derek Chauvin, a white Minneapolis police officer, knelt on George Floyd's neck and back for over nine minutes, fatally asphyxiating him. Floyd, an unarmed Black man, had been suspected of using a counterfeit $20 bill. Chauvin's actions were captured on video, and Floyd could be heard repeatedly saying that he was unable to breathe.

Chauvin was initially charged with third-degree murder, but Hennepin County District Court Judge Peter Cahill dropped this charge in October 2020, ruling that it only applied when a person does something dangerous to multiple people, not just one. However, in March 2021, Cahill reinstated the third-degree murder charge after an appeals court ruling in the case of former Minneapolis police officer Mohamed Noor, who had been convicted of third-degree murder for shooting a person outside his squad car window, set a precedent.

Chauvin was also charged with second-degree murder and second-degree manslaughter. Second-degree murder implies that Chauvin had the intent to kill Floyd. To gain a guilty conviction on this charge, prosecutors would have to prove that Chauvin caused Floyd's death while committing or attempting to commit a felony, in this case, third-degree assault.

To convict Chauvin of second-degree manslaughter, prosecutors would need to prove that Chauvin caused Floyd's death by "culpable negligence," meaning that he consciously took chances of causing death or great bodily harm to Floyd.

On April 20, 2021, Chauvin was found guilty on all three murder and manslaughter charges. On June 25, 2021, he was sentenced to 22 and a half years in prison.

Aiding and abetting second-degree murder

Aiding and abetting is generally defined as helping someone else commit a crime or encouraging them to do so. In the case of George Floyd, three former Minneapolis police officers—Tou Thao, J. Alexander Kueng, and Thomas Lane—were charged with aiding and abetting second-degree murder. This means that they were accused of intentionally aiding or facilitating Derek Chauvin in the murder of George Floyd.

Minnesota law defines aiding and abetting as:

> "A person is criminally liable for a crime committed by another if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures the other to commit the crime."

In this case, the three officers were accused of failing to intervene and stop Chauvin's use of unreasonable force, resulting in Floyd's death. They also failed to provide aid to Floyd as he suffered a medical emergency, even though they were trained and required to provide medical assistance.

The charges of aiding and abetting second-degree murder carry serious penalties. In Minnesota, the first felony count of aiding and abetting second-degree murder is punishable by up to 40 years in prison. This is the same range of penalties that the principal offender, Chauvin, faced.

It is important to note that a conviction for aiding and abetting can occur even if the principal offender is not convicted. Additionally, mere presence at the scene of a crime is not enough to convict someone of aiding and abetting. The prosecution must prove that the defendant intended to facilitate the crime and provided some form of support or encouragement.

In the case of Floyd's murder, the three officers faced these serious charges due to their inaction and failure to intervene, which ultimately contributed to Floyd's death.

Civil rights violations

On February 24, 2022, three former Minneapolis Police Department (MPD) officers—Tou Thao, J. Alexander Kueng, and Thomas Lane—were found guilty of federal civil rights offenses in relation to the death of George Floyd. The jury found that the officers had deprived Mr. Floyd of his constitutional right to be free from unreasonable force and from a police officer's deliberate indifference to his serious medical needs.

The evidence presented at the trial established that on May 25, 2020, then-MPD Officer Derek Chauvin held his knees on Mr. Floyd's neck and back for nine minutes and 29 seconds as Mr. Floyd, handcuffed and unresisting, pleaded to be allowed to breathe. Throughout this period, Mr. Floyd pleaded with the officers 25 times that he could not breathe. As Mr. Floyd lost consciousness and a pulse, none of the CPR-certified defendants, including Kueng and Thao, did anything to stop Chauvin or render medical aid. Even as EMTs arrived and checked Mr. Floyd's pupils and pulse, Chauvin did not move his knee, and the other officers did not render aid.

The convictions of Thao, Kueng, and Lane are separate from and in addition to any charges brought by the State of Minnesota against these former officers related to Mr. Floyd's death. The federal charges addressed civil rights offenses that criminalize violations of the U.S. Constitution.

Chauvin, who is white, was convicted of murdering Mr. Floyd by kneeling on his neck for more than nine minutes during an arrest and failing to give first aid. He was found guilty of second-degree murder and sentenced to 22.5 years in prison. He also pleaded guilty in connection with the federal civil rights case, acknowledging that his conduct resulted in Mr. Floyd's death and that he acted in callous and wanton disregard of the consequences to Mr. Floyd's life.

Criminal history

George Floyd had a complicated life and a criminal record. Between 1997 and 2005, he was convicted of eight crimes, including drug possession, theft, and trespass. He served eight jail terms during this period, with sentences ranging from 15 days to 10 months. In 2007, he was charged with aggravated robbery with a deadly weapon and sentenced to five years in prison in 2009. He was paroled in 2013 and became involved with a Christian church and ministry, serving as a mentor to young men and posting anti-violence videos on social media.

In May 2019, Floyd was detained by Minneapolis police during a traffic stop and found with a bottle of pain pills. He was handcuffed and taken to the police station, but no charges were filed. In 2020, he lost his job as a delivery driver after being cited for driving without a valid commercial license and being involved in a minor crash. He also struggled with drug addiction and was hospitalized for a drug overdose in March 2020.

On May 25, 2020, Floyd was accused of using a counterfeit $20 bill at a grocery store, which led to his fatal encounter with the police. He was murdered by Derek Chauvin, a white Minneapolis police officer, who knelt on his neck and back for over nine minutes, asphyxiating him. This incident sparked global protests against police brutality, especially towards Black people.

Floyd's criminal history has been the subject of debate, with some claiming that it justifies the actions of the police officers involved in his death. However, advocates for police reform argue that focusing on his criminal record deflects attention from the excessive use of force by the officers and the broader issue of police brutality.

Toxicology results

The toxicology report from the autopsy of George Floyd revealed the presence of fentanyl, methamphetamine, and cannabinoids in his system at the time of his death. The report also confirmed that Floyd had tested positive for COVID-19 a month before his death, with a post-mortem nasal swab confirming the diagnosis.

The report, signed by Dr. Andrew M. Baker, noted that a positive COVID-19 result can persist for weeks after the disease has resolved, and thus, the "result most likely reflects asymptomatic but persistent ... positivity from previous infection."

While the drugs were not listed as the direct cause of death, the medical examiner's report concluded that the cause of death was "cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression." It was also noted that fentanyl intoxication and recent methamphetamine use may have increased the likelihood of death.

An independent autopsy commissioned by Floyd's family reached a different conclusion, citing the cause of death as "asphyxiation from sustained pressure" from the officers kneeling on Floyd's neck and back. This report ruled out the possibility that underlying medical problems contributed to Floyd's death and stated that Floyd being able to speak while under Chauvin's knee did not mean he could breathe.

The toxicology report has been the subject of controversy, with a printout of the report found on a Black History display at Duke University, insinuating that Floyd's death was due to drug use and that he somehow deserved his fate. The university launched an investigation into the incident, calling it an "act of bias."

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