By Stephen Montemayor and Chao Xiong Star Tribune
Wednesday June 3, 2020
Minnesota Attorney General Keith Ellison answers questions about the investigation into the death of George Floyd, who died Monday while in the custody of Minneapolis police officers, during a news conference in St. Paul, Wednesday, May 27, 2020. JOHN AUTEY – PIONEER PRESS VIA AP/POOL
Attorney General Keith Ellison’s office on Wednesday upgraded charges against the former Minneapolis police officer who knelt on George Floyd’s neck and charged the other three officers at the scene with aiding and abetting murder.
Ellison held a news conference Wednesday to discuss the charges.
“We strongly believe these developments are in the interest of justice for Mr. Floyd, his family, this community and our state,” he said. “George Floyd mattered. He was loved, his family was important and his life had value,” Ellison said. “We will seek justice for him and for you and we will find it.”
However, he acknowledged, “I don’t believe one successful prosecution can reflect the hurt and loss that people feel.”
Former officer Derek Chauvin, who recorded on video kneeling on Floyd’s neck as he begged for air on May 25, now faces the more serious charge of second-degree murder, in addition to the original charges of third-degree murder and second-degree manslaughter with culpable negligence.
The amended complaint filed against Chauvin stated that “Police are trained that this type of restraint with a subject in a prone position is inherently dangerous. … Officer Chauvin’s restraint of Mr. Floyd in this manner for a prolonged period was a substantial factor in Mr. Floyd losing consciousness, constituting substantial bodily harm, and Mr. Floyd’s death as well.”
Chauvin was originally charged by the Hennepin County Attorney’s Office last week with one count each of third-degree murder and second-degree manslaughter.
Don Lewis, special prosecutor in the case against Jeronimo Yanez, the former St. Anthony police officer who killed Philando Castile in 2016, said the nearly 9-minute recording of the moments before Floyd died showed ample evidence of intent to kill on Chauvin’s part.
“Those are moments to cause reflection on whether or not you’re in the middle of a wrongful death here,” Lewis said. “You have George Floyd begging for his life, right? ‘I can’t breathe.’ This is a moment of potential reflection on Chauvin’s part,” Lewis said. “He had multiple opportunities to change course here and decided not to over the span of almost 10 minutes.”
The other former three officers at the scene — Tou Thao, J. Alexander Kueng and Thomas Lane — were each charged with aiding and abetting second-degree murder while committing a felony, and with aiding and abetting second-degree murder manslaughter with culpable negligence. Both charges are categorized as “unintentional” felonies.
Thao was recorded watching as Chauvin continued to press on Floyd’s neck with his knee. Kueng was one of the first officers on the scene and helped pin Floyd down. Lane was detailed in earlier charges as pointing a gun at Floyd before handcuffing, and later asked whether officers should roll Floyd on his side as he was restrained.
The charges come just days after Gov. Tim Walz asked Ellison to take over the prosecution, which until Sunday had been led by the Hennepin County Attorney’s Office.
The charges noted that Floyd was “calm” after he was first arrested and before Chauvin knelt on his neck. The complaint also noted three times that after Floyd was pinned to the pavement by three officers, none of them moved from their positions despite pleas from Floyd. Video of the incident showed that bystanders also pleaded with police.
Floyd had told the first two officers at the scene – Lane and Kueng – that he was not resisting arrest, but did not want to get into the back of their squad car because he is claustrophobic, the charges said.
Walz issued a statement after Ellison announced the new charges.
“I laid flowers at George Floyd’s memorial this morning. As a former high school history teacher, I looked up at the mural of George’s face painted above and I reflected on what his death will mean for future generations. What will our young people learn about this moment? Will his death be just another blip in a textbook? Or will it go down in history as when our country turned toward justice and change?
“It’s on each of us to determine that answer,” Walz said. “The charges announced by Attorney General Keith Ellison today are a meaningful step toward justice for George Floyd. But we must also recognize that the anguish driving protests around the world is about more than one tragic incident.
“George Floyd’s death is the symptom of a disease. We will not wake up one day and have the disease of systemic racism cured for us. This is on each of us to solve together, and we have hard work ahead,” he said. “We owe that much to George Floyd, and we owe that much to each other.”
One of the attorneys representing George Floyd’s family, Benjamin Crump, released a statement shortly after 1:15 p.m. Wednesday praising the arrest and charging of the other three officers and the upgrading of murder charges against Chauvin.
Crump’s statement came before Ellison’s office made any official announcements.
“This is a bittersweet moment for the family of George Floyd,” said the joint statement by Floyd’s family, Crump and the legal team. “We are deeply gratified that Attorney General Keith Ellison took decisive action in this case, arresting and charging all the officers involved in George Floyd’s death and upgrading the charge against Derek Chauvin to felony second-degree murder.”
Attorneys for the officers declined to comment or could not be immediately reached Wednesday afternoon.
“This is a significant step forward on the road to justice, and we are gratified that this important action was brought before George Floyd’s body was laid to rest,” the family’s and Crump’s statement said. “That is a source of peace for George’s family in this painful time.”
The statement urged Ellison to continue the investigation and upgrade the charges to first-degree murder, which carries a potential life sentence.
First-degree murder requires proof of planning out the crime.
“These officers knew they could act with impunity, given the Minneapolis Police Department’s widespread and prolonged pattern and practice of violating people’s constitutional rights,” the statement said. “Therefore, we also demand permanent transparent police accountability at all levels and at all times.”
The family and Crump thanked the “outpouring” of support they’ve received, which manifested in days of huge protests across the country and world.
“Our message to them: Find constructive and positive ways to keep the focus and pressure on,” they said. “Don’t let up on your demand for change.”
The former officers’ prosecution is the quickest in Minnesota history against officers who have killed civilians on the job, and is the first time more than one officer involved in such an incident has been criminally charged. Three officers have previously been charged with killing a civilian on the job; one, Mohamed Noor, was convicted at trial while two were acquitted.