Derek Chauvin: Guilty on All Three Counts

Former Minneapolis police officer Derek Chauvin was convicted Tuesday, April 20th for the murder and manslaughter of George Floyd, an unarmed Black man, who was killed last year. He was filmed kneeling on 46-year-old George Floyd’s neck for over 9 minutes - in case that triggered worldwide protests, violence, and a critical revision of racism and policing in the U.S.

credit: BBC

The jury came back with its verdict after 10 hours of deliberations over two days in Minneapolis: a city that was potentially on the verge of further unrest. The racially diverse jury – anonymous and secluded from the outside world – held discussions as lawmakers and other citizens expressed their own opinions about the case.

“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. The congresswoman said the Chauvin case looks open-and-shut. A guilty verdict could be the juncture in the fight for racial equality, she added.

Prosecutors argued that Chauvin "squeezed" the life out of George Floyd last May, when the white officer knelt on Floyd’s neck for 9 minutes and 29 seconds. The defence countered that the now-fired officer acted logically, arguing that a heart condition and illegal drug use caused Floyd’s death.

Chauvin chose not to testify, invoking his Fifth Amendment right not to do so.

The verdict was guilty as charged on all three counts: second-degree murder, third-degree murder, and second-degree manslaughter.

As the judge asked the 12 jurors if they had reached a vercit, the crowd of hundreds of activists fell silent in a park outside the courthouse, with people listening to the proceedings on their cellphones.

The guilty verdict set off celebrations tainted by sadness across the city and the nation. Hundreds of people flooded the streets of Minneapolis and the crowd burst into chants of “All three counts” and “Say his name, George Floyd,” as drivers blared their horns and people ran through traffic waving banners.

“Today we are able to breathe again.” Philonise, Floyd’s younger brother, said at a triumphant news conference with tears streaming down his face. He compared Floyd;s death to the 1995 Mississippi lynching of Emmett Till, except there were cameras around to show the world what happened this time.

“The whole world was watching,” Joe Nixon told CBC’s Mark Gollom. “We got justice for George Floyd. We are looking to get justice for many more.”When asked why he came down to the courthouse, Nixon said, “because I am a Black man, and that could have been me.”

The video of Floyd’s death is a powerful illustration of how Black men are often treated at the hands of law enforcement. Whether Chauvin was found guilty or acquitted was extensively seen as a test of America’s justice system. Minnesota Attorney General Keith Ellison, who managed the prosecution, said that “George Floyd mattered. He was loved by his family and friends.”

“He mattered because he was a human being,” Ellison stated. He said that the verdict is not completely justice, but that it is “accountability, which is the first step toward justice.”

Chauvin was not expressive beyond his eyes darting around the courtroom, as Judge Peter Cahill announced his conviction. His bail was revoked immediately after the verdict was read and he was led away.

Cahill said the sentencing will take place in eight weeks. After the verdicts were read, Chauvin was escorted out of the room with his hands cuffed behind his back. Defence attorney Eric Nelson followed Chauvin out of the courtroom without comment. Chauvin will remain in custody until the sentencing.

Second-degree murder carries a maximum sentence of 40 years in prison. Third-degree murder incorporates a maximum penalty of 25 years. Second-degree manslaughter includes a maximum of 10 years. The state sentencing guidelines demand for sentences short of the maximum.

It is not clear whether Chauvin would serve the sentences concurrently or consecutively. The prosecution could also appeal for a longer imprisonment than the probable sentence, conceivably on the account that there were aggravating factors, such as the crime occurred in the presence of a child (one of the bystanders was nine years old).

At the intersection where Chauvin had pressed Floyd to the ground, a crowd shouted, “One down, three to go!” – a reference to the three other fired Minneapolis police officers facing trial in August on charges of “aiding and abetting” murder in Floyd’s death.

President Joe Biden and Vice-President Kamala Harris called members of Floyd’s family briefly after the verdict was announced. “Nothing is going to make it all better, but at least now, there is some justice,” Biden told the family. Biden also said that he hoped the verdict would give a push to congressional police reform efforts.

The juror’s identities, who included four Black people, four white people, and two who identified as themselves as multiracial, were kept secret throughout the trial and will not be announced until Judge Cahill concludes its safe to do so.

The jury had been discussing since late Monday afternoon, looking through 14 days’ worth of evidence that included scores of exhibits, video and testimony from 45 witnesses, most of whom were called by the prosecution. The goal for the prosecution was to prove to the jury that Chauvin’s actions were a “substantial casual factor” in Floyd’s death and his use of violence was irrational.

credit: Financial Times

To ensure conviction on the second-degree unintentional murder charge, prosecutors had to convince the jury that Chauvin caused Floyd’s death while committing or attempting to commit a felony. The jurors had to verify whether Chauvin’s knee was pinned into Floyd’s neck and back as a third-degree assault.

However, as the charges declares, the death can be unintended, meaning the prosecution did not have to prove that Chauvin planned to kill Floyd. Nor did they have to prove that no other factors contributed to his death.

For the third-degree murder charge, prosecutors we required to prove to the jury that Floyd’s death was caused by an action that was obviously dangerous, though not by definition a felony.

The manslaughter charge demanded proof that Chauvin caused Floyd’s death through carelessness that created an unnecessary risk, and consciously "took the chance of causing severe injury or death".