Leaked Footage Shows Aggressive Cops Terrifying George Floyd in His Last Minutes Before Death
The fatal encounter demonstrates why police reformers want more departments to train officers in de-escalation.

Body camera video of the last 18 minutes of George Floyd's life has been leaked to the public, and it highlights the particularly aggressive habits of American policing in situations where it's simply not necessary.
The Daily Mail, a British news outlet, is responsible for publishing footage from the body cameras of Alex Keung and Thomas Lane, two of the four Minneapolis Police Department officers who responded to a call on May 25 from a nearby store that Floyd that claimed Floyd had attempted to buy cigarettes with a fake $20 bill. A judge had permitted some parties to view the body camera footage but had not ruled on whether to publicly release it. The Daily Mail does not say in its reporting how it obtained the footage.
The footage, which is all viewable here, shows a man who is absolutely terrified of the police and panicking, but not in a fashion that any reasonable person would conclude made him dangerous. He had not attempted to flee the scene and was sitting behind the wheel of his car when Lane approaches it and taps on the window. Moments after Floyd has opened the door, Lane points his gun at Floyd's head. Floyd is upset immediately and begs the officer not to shoot him, telling them he's been shot before.
Floyd is ordered from the vehicle, as are the other two passengers, who are told to wait next to a nearby wall. During this time the officers appear to be interested only in asserting control over the situation, constantly ordering Floyd's compliance but not really explaining what's happening. Lane even demands "Stop resisting!" when Floyd is being handcuffed, even though it does not appear that Floyd is resisting at that point.
Floyd does completely panic when the cops attempt to put him in the back of a police SUV. He keeps telling them he's claustrophobic, but they keep pushing him to get into the back of the SUV. He screams that he's going to die, and he even tells them that he had COVID-19 (an autopsy on Floyd would verify this claim). He starts repeating that he "can't breathe" while he's in the back of the car before he manages to struggle his way out of the SUV somehow (even in the footage, it's not clear how) and ends up on the ground next to it.
And that's where Officer Derek Chauvin, who had arrived on the scene with fellow Officer Tou Thao, ends up kneeling on Floyd's neck for nearly nine minutes, ultimately killing the man. On the video you can hear bystanders begging Chauvin to let him up or check Floyd's pulse, telling him, "He's not responsive!"
Lane asks the woman who was in the car with Floyd if he's drunk and why he's "being all squirrelly" with his responses. She's savvy enough not to point out that Lane had pointed a gun directly at his head and was talking to Floyd as though he were a carjacker, not a police officer. She suggests to Lane that Floyd has mental health issues.
A subsequent autopsy would show that Floyd had meth, fentanyl, and cannabinoids in his bloodstream. But none of that justifies the police aggression captured on camera. Floyd is panicking and at points resistant, especially when he's put in the police SUV, but at no point does he engage in threats, exhibit any threatening mannerisms, or act violently.
The officers' encounter with Floyd is precisely why police reformers talk about the importance of de-escalation training. The stressfulness of this entire encounter is ratcheted up every step of the way by the officers, even though the crime for which Floyd was being arrested was not violent and his responses to the police were not violent. The violence in this encounter came entirely from one direction: the police.
It's easy to say after the fact that the encounter could have and should have been handled differently given the fatal outcome. But now that the body camera footage has made its way into the public domain, it's even more clear that none of Floyd's responses to the officers merited their aggression. The Minneapolis Police Department was right to fire them all. Chauvin has since been charged with second-degree murder and the other three with aiding and abetting second-degree murder and second-degree manslaughter.
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https://twitter.com/MattWalshBlog/status/1290432311457198087
George Floyd told cops his mom just died. She’d been dead for two years. He said he’s too claustrophobic to get in the police car. He was just sitting in a car. He said he couldn’t breathe and was going to die while he was still standing.
Well, he was right about one thing.
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So you're saying he was irrational? Okay. Possibly under the influence of illegal drugs? Okay. Even lying? Okay. What does any of that have to do with the police's violent over-reaction and unnecessary escalation of the situation? Are you seriously trying to claim that only someone who reacts to violent confrontation like Dr Spock deserves to have their constitutional rights respected?
I think the first two cops handled it pretty well. The one cop was really quick to pull his gun, perhaps, but Floyd wasn't responding to the simple request of putting his hands on the wheel. Not exactly provocation but...not the worst response either.
It was Chauvin who really crossed the line once he got involved.
The one cop was really quick to pull his gun, perhaps, but Floyd wasn’t responding to the simple request of putting his hands on the wheel.
Which to most of us non-cops seems like a completely ridiculous over reaction, to pull a gun on someone for simply not putting their hands on the steering wheel. But when you consider that cops have it beaten into them during training that "every person you come into contact with may be a violent perp or a drug addict or mentally ill or... and they may attempt to kill you at any moment" then it's not surprising that the cop reacted that way. In fact, most of us would do the same if we were inculcated into a system or culture that teaches us to treat everyone we encounter as a potentially deadly threat.
The problem isn't that "all cops are racist," it's a culture of policing that treats everyone like a violent perp combined with a complete lack of accountability thanks to QI, police unions, etc. But that's a hard problem to solve, it's much easier to just screech and REEEEE about racism and not actually do anything to address the real problems with policing. While, of course, also pushing for some kind of Cultural Revolution straight out of Maoist China.
Everybody should treat men intentionally hiding a hand as a potentially deadly threat.
What Sidd said. Hands kill.
This person provided a much more thoughtful and reasoned analysis than anything penned in the last few months by Reason authors: https://medium.com/@gavrilodavid/why-derek-chauvin-may-get-off-his-murder-charge-2e2ad8d0911
Thanks for the link, ace.
That article is the real shit right there. Someone who took the time to do the research and analysis and not go straight to the feelz.
I don’t understand why the author says that the cops were following procedure, yet manslaughter might be appropriate.
TYVM for the link ace, and I agree (disappointingly - Reason is usually pretty good about reporting the facts), it's more insightful. What's missing from Scott's article, is the complexities and difficulties of dealing with mental illness, something that's difficult even for people in the medical field. That Floyd didn't put his hands on the wheel when requested is reason enough for the officer to draw his weapon IMHO, and that's going to happen with some mental cases.
This whole BLM protests are really distracting from the real perpetrators here: the Democrats who run their police departments such that Chauvin felt safe kneeling on Floyd's neck for minutes after he was unconscious, that put a choke hold on Eric Garner for selling single cigarettes and killing him, the civil asset forfeiture, and policing for profit the Democrats seem to love.
Meanwhile Democrats let perps out on no bail, because of civil rights and "institutional racism" of their institutions??? How about the rights of law abiding citizens to not be abused by criminals? Democrats apparently want to balance the needs of law abiding citizens with the rights of criminals to engage in crime because Democrat run police forces are killing blacks. So Democrats have decided law abiding citizens, should be victims of crime to fight Democrat "institutional racism" of their police.
The Dems never wanted police reform they just wanted to stir unrest. If they really wanted police reform, they would be jumping up and down about the guy who was just shot in Arizona. Have you ever noticed they always pick the worst case to riot about? Michael Brown attacks a cop and gets shot, riots. Trayvon Martin attacks a guy on neighborhood watch and we got protests. Tamir Rice gets shot for playing with a toy gun and we got crickets. There was almost unanimous support for reform after the Floyd incident but then the Dems and their Marxist allies got involved demanding ridicules things like defunding all police and then the riots started. These actions guaranteed two things, more unrest and that any chance and consensus reform was lost. This has to be by design as they keep doing it. They do it with Abortion, other than a few orthodox prolife people most believe it should be legal and other than a few hard core pro-abortion advocates that it should be rare and in other than extreme circumstances only early on. The argument had died down (and the donations as well I am guessing) so they then passed a few crazy laws legalizing it up to birth and then the other side responded. It is almost like they want us at each other’s throats.
When George Floyd did finally show both hands on the wheel the police office holstered the gun.
He was asked if he was on drugs and he denied being on them.
His claim of being claustrophobic is pure nonsense. What he knew was that he had a criminal record, he was carrying drugs at the time, he had tried to pass fake bills, and was likely to get a sentence to time in the slammer based upon his past criminal history. That is why he was crying and mewing as he realized that he had screwed up again.
A 6'4" guy who is resisting arrest is hard to control by two officers. All he was asked to do is to sit in the back of the police vehicle.
In the old days he would have had an encounter with a night stick. His inability to follow simple police instruction led to his death. That seems to be a common problem for some elements of our society.
It is sad to read such a distorted account in an article on Reason.
We don't know what the cops knew. If they pulled his records, they would have found a man with a robbery conviction who pointed a loaded gun at a pregnant woman's belly. That might have them on edge. Enough to pull a gun? Maybe, maybe not.
Let’s not forget Floyd was a violent perp and was a drug addict and was mentally ill.
Yes, the cops could have done a much, much better job of deescalating, instead of acting like a bunch of entitled pricks, but Floyd’s actions were exactly what you would expect from someone who was about to shoot someone for no reason: irrational babbling, evident paranoia, physically resisting arrest.
How hard is it not to kill someone?
The police did not kill him.
Floyd died of a heart attack resulting from his reaction under stress caused by his drug taking. He told the officers he was not on any drugs, remember?
I am guessing you deal with enough criminals, you get a bit hardened to their fake cries to get off easy, and even passive non-compliance. Not saying that is right, just saying that is human nature. Maybe some kind of rotation to administration then and back to the streets is what cops really need?
It looks terrible but when somebody is clearly in distress from a drug overload it is policy to lay them down on their stomach until an ambulance arrives. Yes they put weight on them to keep the suspect from hurting themselves including controlling their head. The coroner point blank said it was a drug overdose not asphyxiation. Looking like strangling Floyd is not the same as the facts from examination.
I have know meth heads and yes they are that paranoid and terrified when high.
I agree with you - the first two cops were fairly patient with him. Floyd said he was claustrophobic - and he was clearly agitated - or at least trying to convince the cops he was. Again, I thought the cops were handling it reasonably well util Chauvin crossed the line.
READ the full autopsy report, and don't forget the toxicology section. You will learn some things about which the media have been silent. Then go and learn the typical symptoms of those who have seriously overdosed on fantanyl, speed, meth.... and you will then know why Floyd was acting the way he was. You will also learn that the cops did not kill Floyd. Had the cops never found him sitting in his car, he'd still have died at about the same time from the same cause.
Now, once yuo've digested all of that, go and learnabout the specific "syndrome" Floyd was exhibiting, and how the Minneapolis Poice Department had recently held training soecifically on how to recognise, and deal with, that specific syndrome. Next, find out which if any of the four cops involved had taken that specific training. Finally research the record of the conversations amongst the four cops.. and you will learn they were acting precisely per the established protocol as they dealt with precisely THAT syndrome.
His behaviour back at the car at first contact with LE clearly exhibited the symptoms and behaviour of that syndrome, known, named, and recognised by one or more of the officers at the scene.
NOW< after you learn abut all that, go and ask yuor local newspaper WHY they have not ever even mentioned ANY of this......
The cops are trained to kneel on a person overdosing and squeeze the life out of them? Have they heard of Narcan?
They are trained to kneel on the person to control that person, preventing the person from injuring themselves while flopping around or injuring or infecting the police.
I wonder if being handcuffed in the back seat of a car somehow seems more claustrophobic than being behind the steering wheel and in charge.
Or maybe you are just a copsucker and like government thugs over-reacting because all Floyd had to do was be calm and subservient and he would have lived.
remember, it's anything but racism.
Everyone of these goons in here who has suddenly developed a fetish for state violence when it's civil rights protesters and unarmed black people is not, I repeat, not a racist.
George Floyd was a multiple convicted violent felon who pointed a loaded gun at a pregnant woman's belly during an armed robbery. If the police looked at his record before making their arrest, they would have known that. Him acting as if he was on drugs (as he indeed was) did not help matters. None of that justifies him dying. But to liken George Floyd to a peaceful protestor is incredibly disingenuous.
none of THAT justifies" him dying.... but the incredible load of narcotics he had put into his own body very recently DID "justify" his dying. He'd have so done even if the cops never had located him after he had tried to pass a bogus sawbuck.
Perhaps. I'm willing to entertain any possibility. Reacting without knowing all of the facts is what causes cities to burn.
"MUH RACISM!"
And just for the record, I'm fine with your white Antifart fuckhead buddies getting got for playing revolutionary. Doesn't have anything to do with race.
not true.. he would have died, ad just about the same time, as the four times lethal dose of fentanyl, along with about a three times lethal dose of speed, and a serious dose of meth, all coursing thorugh his veins until the metabolic collapse he had set up by his own actions turned the lights out.. the chance coincidence of the cops being there only changed how the public has been triggered to respond to just one more drug OD......... and be the poor suckers who lit the match to find the lightswitch in the propane filled garage...... so they could turn on the lights..... but BOOM happened before they could do anything about it.
Black people have to lie to the cops for fear of being shot. American police departments send cops to Israel for Training. Israelis treat Palestinians like animals. This is the kind of training imparted to the US police force. Hence they treat their citizens like animals rather than like people. Municipalities and police unions are as much to blame, claiming it is a dangerous job. Here are some numbers: on average, 50 to 60 police are shot dead each year, the rest die in car accidents or heath attacks. Police shoot and kill over 1000 people each year. More farmers die on the job than police. Farming is a more dangerous job than being a policeman. The police union has way overrated the dangers and has far too long, protected the sadistic trigger happy cops who shoot first, even in the back as the target is running away from them and then put down a throw gun, claiming the guy was armed.
Lol. The JOOS done it.
I grew up in farming country, more farmers were shot in my area than cops.
1k shot by cops out of 10-30 million stops. The dangers to cops and suspects are way overblown. I hate the way cops are trained to show force when simple de-escalation works better than fear but drastic changes are not needed.
Meh. Chauvin deserves to spend the rest of his life getting ass pounded in prison.
Bet you touch yourself thinking about that.
There are 910,000 police in the US and many times more criminals. All the police have the same primary purpose.
How many times do you think criminals, not detained at gun point or with physical force, should kill a detaining officer before all officers learn to protect themselves?
It is our civic responsibility to comply with police orders. Anyone who doesn’t is escalating the threat to police.
Floyd escalated the threat himself and ended up dead. The Darwin Award goes to Floyd.
https://twitter.com/stillgray/status/1290409325622566912
Why wasn’t the bodycam footage released on day one?
There would’ve been no riots. No looting. No Black Lives Matter. No White Fragility. No Defund the Police. No Abolish Prisons. No Cancel Rent. No attacks on Trump.
This was a political hit. David Dorn would still be alive.
The police being justified has nothing to do with whether or not a protest will happen. This isn't to say they were justified with Floyd, just that the mob doesn't fucking care about justification at all.
There were people here in Colorado Springs last night protesting on the anniversary of De'Von Bailey's death. De'Von Bailey had just robbed someone at gunpoint and was reaching for a gun while running from police when they shot him. That's a good shoot for anyone with a brain, but that didn't stop protests at the time and didn't stop them last night. Many of the "protestors" were carrying rifles at low-ready while stopping vehicles, which seems like a good way for more gun violence to happen.
Never let a crisis go to waste and they have been working on the revolution for decades. Just an extension of the weather underground stuff.
Most of the people in that neighborhood, I believe, are Boomer retirees who have no conception of how Antifa operates. If they had tried that shit where some of the active-duty Army guys lived who are stationed at Fort Carson, or one of the Hispanic neighborhoods, they probably would have gotten Garrett Fostered.
Well, this is certainly an upsetting number of copsucker Trump cultist comments. Three comments in, and I already feel like I have greatly overindulged.
How is Trump responsible for a drugged out idiot and cops in Minneapolis?
How did you get from my comment that I was claiming Trump is responsible for what happened in Minneapolis?
Yeah it's a real mystery how someone might jump to that conclusion
I think "Trump" has replaced "fuck" for those unfortunate TDS sufferers. It can be used as any part of speech at any point in a sentence. Doesn't have to have any meaning.
You can't be this stupid, can you? Saying copsuckers are Trump cultists implies that Trump was responsible for Minneapolis? I think reaching that conclusion only shows how many loose screws are rattling inside your head.
CMW, it is your fault alone if you're incapable of making a cogent thought. What the fuck does Trump have to do with a drugged out moron or cops in Minneapolis? You keep mentioning his name so there has to be SOME correlation in your eyes.
Well, if you don't read your own comments, I shan't feel bad when I stop doing so also.
This is what we've been getting screeched at for the last two months, combined with massive corporate virtue-signaling, the establishment of "diversity and inclusion" struggle sessions within these same corporations as well as various government offices, dozens of cities burning, and monuments smashed that aren't even related to what these protesters are supposedly railing against.
All against the background of a pandemic that has these same people executing a power trip to keep the economy crippled and try to force the entire population to mask up and limit social gatherings, while exceptions are made for the elite. The fact that it was all due to an OD-ing former felon who had just passed a counterfeit bill and was literally dying on his feet, should probably lead idiots like you to question if it was really worth it or not.
Dozens of cities did not burn. Stop it.
The protests aren’t for you, son.
Jerry Nadless agrees with you.
Cities burning was just a myth.
Dozens of citiesMillions of blacksdid not burnwere not murdered by cops. Stop it.Was this sarcasm or just a stupid comment?
I disagree. #BlackLyingMarxists would still have rioted even if the bodycam videos were released on day one.
This is the beginning of a socialist revolution that has been building up for years/decades and is ready to boil over. Tensions are so high the authoritarian left would have kicked off their violence anyway (for example, Bernie Bro James Hodgkinson attempted to mass-assassinate Republicans at the Congressional Baseball game long before this--that would have been a trigger of a second civil war had he succeeded).
>>is responsible for leaking footage
misspelled sharing. also you put Chauvin's name where Floyd's goes a couple of times
The video itself is awful. It's someone holding a cellphone to take a video of a video on a laptop screen. Clearly someone was "stealing" this footage. So you've got the motion of the person holding the phone plus the motion of the bodycam itself.
you put Chauvin’s name where Floyd’s goes a couple of times
I noticed that too and a few other editorial errors. I guess they were in a hurry to get something out and start generating those clicks so didn't bother to proof read.
Leaked footage shows aggressive suspect stubbornly resisting All commands for 13 minutes
What Floyd did sounds like someone desperate to come up with an excuse why he should not be arrested. What were the police supposed to do when Floyd claimed to be claustrophobic when being put in the SUV?
Granted that immediately pointing a gun at his head seems excessive and Chauvin kneeling on him was inexcusable, but what do the police do with someone who will not accept being arrested and is being melodramatic?
You answered your own question. Continue to arrest him, but don't put a gun to his head or kneel on his neck for over eight minutes. If he resists verbally it doesn't matter, if he resists physically respond with appropriate physicality. The specifics of what is appropriate can get difficult, but this is a perfect example of how the specifics being difficult does not preclude some actions being absurdly out of bounds.
I agree with this guy. Floyd was a con artist. Maybe a little more panicked because of the drugs - but he should’ve been used to that by his age. It was probably a show. But Chauvin - jesus what an idiot. All cops should have to pay for Chauvin’s fucked up gestapo tactics. Fuck em.
All cops should have to pay?
This is a cogent, well thought out statement free of overly emotional words. Therefore I reject it categorically. /sarc
Some of that I agree with, some I disagree with. If a cop tells you to put your hands on the steering wheel, you do so. Immediately. The kneeling on the neck thing I agree with even though it's starting to look like he might have actually died of fentanyl overdose. The autopsy didn't find any trauma to the neck or any other signs of asphyxiation. It seems pretty obvious in the video, but who knows? He was certainly complaining about not being able to breathe long before Chauvin knelt on his neck.
2 different reports listed cause of death as homicide.
God you're stupid.
Homicide is not a medical finding. There is some actual medical cause for the man's life ending. I haven't seen any actual listed cause of death yet from the autopsy. The charging document again Chauvin itself states: "[t]he autopsy revealed no physical findings that support a diagnosis of traumatic asphyxia or strangulation". This was in the very document charging the man with murder, mind you.
Fentanyl is a red herring. Opioid overdoses in general (we are talking 99% of the time) kill by causing the person to stop breathing (their rate drops spontaneously, they arent struggling and gasping for air). They are usually passed out / asleep / drugged up (however you want to word it), not yelling, pleading, or struggling. They tend to be obtunded, very difficult to rouse (if you can at all), and either die because they just stop breathing or throw up and aspirate and are too out of it to protect their airway from the vomit and obstruction. While he may have had some in his system, this is the opposite picture of a fentanyl OD.
The reason fentanyl tends to be the causative agent in many OD's is it's very potent; someone cuts some shitty heroine with it in an uncareful fashion and boom, or people misuse the patches (either using way too many or actually taking the patch in the mouth and letting some absorb sublingually, which allows it to enter the system significantly faster than transdermal). Regardless of all that, Floyd's clinical picture is basically the opposite of a standard opioid OD (though you still cannot rule it out as a slight contributing factor). There is also a rigid chest syndrome that opioids can cause, but this is extremely rare to the point of it being a zebra. Meth could be a stronger possibility as it could help explain the erratic behavior, and could have caused a heart attack which would cause the shortness of breath sensation and could have resulted in him dying. I mean I still think it was the knee in his neck for 10 minutes (Occam's razor) causing difficult and progressively worsening ventilation, but meth at least can be labeled as a confounding variable (in a much stronger way than fentanyl).
Him complaining of not being able to breathe long before he was being knelt on throws a big wrench in. Was he having some sort of cardiac or respiratory event ahead of time? Was it a panic attack or psych episode? Was it that "I cant breathe" is something we can expect to hear in any confrontation turning physical with the police, as it is a "GTFO me or it will look like you suffocated me if I die from anything". Shit, if I was worried and feared the cops were going to do something to me I would consider saying I was having trouble breathing or couldn't breathe so they would think twice before turning it into another national event.
The video certainly makes the whole thing more muddy. I still think most reasonable people would agree Chauvin is a sociopath and deserves to be locked up for what he did. But this video skews things in the cops defense IMO (not enough to get them off the hook, but in their general direction). Will make it harder for a hard murder 2 charge which I think would have been easier without the video.
Thanks for the detailed explanation, Doc. Pity it got missed by most of the commenters.
I've completely lost faith in the idea that any sort of training will solve these issues. Not to say they should be so trained, but it seems to me the real issue is a lack of consequences (at least in some departments) when this training is ignored.
Police departments seem to treat unlawful arrest and detainment or undue escalation like someone just failed to put the new cover sheet on the TPS reports for discipline purposes. But these are big deals. Often they are technically crimes. The law requires you to comply with an arrest even if it is unlawful, and that only makes sense if you can trust the system to put forth justice, not just to let you go later. When we see police cause problems or even break the law blatantly on video, only to have a six month "investigation" with no punishment ever announced, it makes you lose faith in the system.
I agree.
Now do the riots and vandalism
It is possible to want both cops and rioters to face punishments for their bullshit simultaneously. Achieving both without someone having their rights trampled seems to be another matter entirely.
It is possible to want both cops and rioters to face punishments for their bullshit simultaneously.
Nope, you have to pick one or the other. Otherwise you're just engaging "both siderism" like some kind of lunatic libertarian wacko. /sarc
You imply a false dichotomy. I have no beef with prosecuting rioters and vandals, so long as they are judiciously seperated from those who are merely protestors.
Under the rule of law, anyone who violates the law should face the appropriate charges (of course discussions of if the law itself is appropriate also are vital). The difference is because agents of the state are backed by coercive governance, they constitute a much larger intrensic threat to society if they are not held to the rule of law than do a bunch of annoying commie edgelords evading prosecution... So long as the threat of a militant communist uprising is remote I suppose.
Right so how do we fix it? Now is probably our only chance.
Eliminating QI and busing the police unions would be a good start. Those are the main impediments to introducing accountability for "bad cops."
I have no problem with ending police unions...if we end ALL other public employee unions as well.
Why is abolishing police unions only good if you abolish all? I’ll take what we can get.
Don't let the perfect be the enemy of the good. Getting all of them would be better, but I'd take just the police unions.
I won't. Other public unions are every inch as bad. Either all go or none.
Just read a story with a completely different take on this based on the leaked body cam footage. "Terrified" Floyd was on multiple drugs at the time, had a medical condition the officers could not have known about. Officers initially drew their weapons when Floyd would not show their hands, but holstered them after he did so. Floyd was complaining about not being able to breath before he was on the ground. Doesn't excuse the officer for parking his knee on Floyd's neck for an extended period of time, but how are we to know what to believe here? Too many "interested parties" who need to promote specific agendas using this incident.
The only agendas in the upcoming trial are people who want cops held accountable, and people who want cops to suppress certain opinions and melanin contents.
False. Nearly everyone agrees that Chauvin was wrong in kneeling on Floyd's neck and causing his death. The points of disagreement are whether this was racist and whether there was sufficient mens rea to support 2nd degree murder. Only Chauvin can know about the first question, though there is no evidence he had any race-based motive. This video makes it a hell of a lot harder to prove 2nd degree murder based on intent, though the felony murder charge is still viable.
"This video makes it a hell of a lot harder to prove 2nd degree murder based on intent, though the felony murder charge is still viable."
DJK, I'm with you on this evidence making murder under MN law much more difficult to prove against Chauvin, and I'm sure this has been asked already, what is the predicate felony here for felony murder?
Assault. For kneeling on the back of the neck for 8+ minutes.
In most jurisdictions, the merger rule would make felony murder dead in the water. However, MN is in the minority of states who have not adopted this rule. It's very strange, and they may be the only state who hasn't. I certainly don't know of any others.
C'mon, why link to a CNN article that contains an EDIT of the bodycam footage. Just link us to the raw footage if you're going to write about it. If the article is about CNN's write-up of it, then you can link us to a CNN article, but your article is about the footage itself.
We're all smart enough at this point to recognize editing used to craft a narrative. Obviously we can find the raw footage ourselves, but if you're going to link, link to something complete and honest.
No shit. Act like your audience has some media literacy - we know how to find the footage with the context still intact. If you're trying to prove something by linking to CNN, you've already lost.
Still, Floyd may be far from the perfect angelic victim they media wants him to be (but clearly didn't deserve a horrific on-site death penalty), but Chauvin seemingly couldn't be a better poster boy for everything wrong with cops.
genuine LOL at expecting reason to be decent
Daily Mail had the whole thing, and even with their slanted coverage, at least they provided full transparency.
But let's get real, it's not going to change the minds of the average citizen. What it will probably do is lead to reduced sentences and maybe even dismissals, depending on the cop. Chauvin will likely get some kind of prison term, but it won't be what Ellison wanted.
Chauvin will walk on the charges. The body cam footage, combined with the blood tox, will get him acquitted from almost any jury.
It's appalling that Ellison proceeded the way he did, and since he probably saw the body cam, one needs to wonder if he intended to fail at trial, resulting in the inevitable further riots.
it's possible this may never even go to trial and get dismissed just around the end of october.
Yes. I imagine he did. Also, because of the shallow thinking around how the legal system operates, he gets credit for taking police brutality seriously by overcharging when actually he is likely tanking his case.
The law is far more nuanced than that. 2nd degree murder based on intent is clearly out. But Ellison charged 2nd degree murder based on the felony murder rule, with the assault of kneeling on Floyd's neck as the underlying felony. Minnesota does not have the merger doctrine, which means that an assault that results in death can indeed be 2nd degree murder. This is extremely rare; I didn't know any states hadn't adopted the merger doctrine. Ellison could easily prove everything he needs to for 2nd degree murder.
That is weird. I've never heard of bootstrapping an assault charge into murder that way before. Then again, IANAL, and I don't work in MN.
Are they going to claim the lawful restraint of Floyd by Chauvin, became assault when Floyd stopped resisting arrest?
It's typically prevented by the so-called merger doctrine. Without this doctrine, a prosecutor could get a murder 2 conviction even if couldn't establish the mental state required for even a murder 3 conviction (because there was no depraved indifference). Since felony murder transfers intent from the predicate felony to the murder charge, it's basically an end-run around the mens rea requirement. Which is why most jurisdictions have the merger doctrine. Minnesota doesn't, though. Weirder still, the Minnesota Supreme Court has said that any felony can serve as the predicate felony. That was in the 1990s, though. Maybe it's an issue that's ripe for reconsideration. And a police union will have plenty of money for appeals.
?
I really can't see it getting to that stage that quickly. Goines hasn't been tried yet and he killed Nicholas and Tuttle in January of 2019. It's only been 10 weeks since Floyd's death.
Chauvin is gonna walk.
Just a hunch.
The other thing the body cam footage shows is that Chauvin should be acquitted of the charges that were actually filed against him, violations of Minnesota Sec. 609.19, 609.195, and 609.205.
Specifically, given that Floyd 1) had a high level of respiratory-suppressing drugs in his bloodstream; 2) had a serious respiratory disease; and 3) asserted that he couldn't breathe well in advance of any police actions that could have restrained his breathing, there is reasonable doubt that any of Chauvin's actions actually contributed to Floyd's death.
That's not saying Chauvin's actions were proper, correct, or even non-criminal. It's just saying there's reasonable doubt they contributed to Floyd's death, which is a required element of the crimes he's charged with.
asserted that he couldn’t breathe well in advance of any police actions that could have restrained his breathing, there is reasonable doubt that any of Chauvin’s actions actually contributed to Floyd’s death.
Given your first two points, that third point isn't exactly the nail in the coffin it might be. Saying, "I can't breathe" might be construed as a shorthand for "I am having difficulty breathing," which might well have been the case for Floyd at the time.
I think Chauvin is actually in deep shit because of the "We should roll him over" comment from another officer, and his response, "No, I'm gonna leave him like this." Chauvin's determination to keep him in a stressed position probably exacerbated the other issues, and his refusal to care about the welfare of the man he had in custody is disgusting and damning.
Depraved indifference is a requirement for the job.
Sure, in a civil wrongful death case, that Chauvin was warned by Floyd that Floyd was in respiratory distress could hurt Chauvin's case, since levels of interference with breathing that would not normally be tortious can be if you have notice otherwise. As long as the jury believes that Chauvin's actions were both tortious and more likely than not hastened Floyd's death, well, the civil standard is met. Chauvin loses the wrongful death case.
But in a criminal case? Chauvin's lawyers just need to establish reasonable doubt. That Floyd was already claiming respiratory distress makes it more reasonable to believe that Floyd was going to die then anyway (from an opioid overdose combined with COVID effects), and thus that Chauvin's actions did not contribute to his death.
I think it does tank a standard Murder 2 case. If the jury has the option of finding manslaughter, they might find his depraved indifference sufficiently convincing. Chauvin absolutely deserves jail time for his role in this.
In a more realistic sense, there's almost no way Chaunvin finds an impartial jury here. He might just get thrown to the wolves regardless of reasonable doubt.
Not quite. Ellison charged murder 2 based on felony murder with assault as the predicate felony. Minnesota has not adopted the merger doctrine. So a murder 2 conviction is very possible.
There is no way to excuse the cop kneeling on the guy's neck until he died, but Shackford's assertion that Floyd does not appear to be resisting as the cops try to cuff him is absurd. Floyd repeatedly ignored orders to show his hands, to put his hands on the steering wheel, to get out of the vehicle, and to put his hands behind his back. I don't know why the cops approached Floyd using the procedure they did (which was clearly aggressive), but that's what the trial is for. Innocent until proven guilty ALSO applies to cops accused of crimes.
As to whether Floyd was terrified or not, so what? It seems to me someone truly terrified would do EXACTLY as they're told when a cop is pointing a gun at them. That aside, I don't think a suspect's supposed terror can be a factor in the procedures used to detain and control them, because they might not actually be terrified--haven't you ever seen Die Hard, when McClane finds Hans Gruber alone?
It seems obvious to me that he's high on something, but maybe that's just because I already knew that going in. His panic definitely has the unfocused and confused manner of someone on drugs.
At any rate, he wasn't being violent. He was resisting and fighting against getting into the car but he wasn't aggressive or threatening toward the officers.
It seems to me someone truly terrified would do EXACTLY as they’re told when a cop is pointing a gun at them.
That's thinking rationally. A terrified person isn't, by definition, rational. Add in the drugs he was on and it's not surprising that his actions were completely irrational.
Someone truly terrified but not stoned out of their gourd.
This works too...
Chauvin will get off with manslaughter or less because the jury will be bound by the fucked up laws we already have, and then BLM will get their day.
Maybe this jury will be smart and say fuck it and nail his ass even though he didn’t legally commit the crimes the charges say he must have committed. Even then, it probably won’t be enough - they’re just scavenging for anything to blow up in outrage .
Since the murder 2 charge is based on the felony murder rule, Ellison doesn't have to prove intent. Murder 2 is very much still on the table.
Anyone still around to defend the cops in this situation? What's the narrative they're going to use now?
"Oh, it was okay to kill Floyd because BLM is socialist."
Hard to say "They should've known he couldn't breathe" when he was claiming it before anything was done about it.
Yes, this is really sad.
cnn.com
There are a number of odd statements like this one in the article. How does Scott know her mental state? Perhaps she suggested that Floyd was mentally unstable *because she had observed that and was genuinely trying to communicate it to the officer*, rather than placate a "carjacker?"
There's enough in this video to further substantiate that the police acted badly, but also enough, in conjunction with the autopsy info, to ameliorate the worst part of it. The timing and additional context of breathing difficulty makes it look more negligent, but less homicidal. More like manslaughter than murder.
Almost like Scott has preconceptions he needs to support.
Isn't killing the guy de-escalation?
Haven't read a single word or watched the video, but the screen grab posted at the beginning of this article got my attention. Notice the gangsta-grip the cop is using with his handgun?
De-escalation training is a start but not good enough. It was a $20 counterfeit bill no? That's like drawing guns on a john instead of going after the pimp. Was Floyd the mastermind who was printing the bills? If so, maybe a gun-drawn arrest would be warranted. But seriously folks, big box stores no longer even go after shoplifters and let thieves just walk out and here we have an officer storming Floyd's car with guns a 'blazing. It makes no sense.
Now if someone is insider trading and we know their trades are bringing in millions in profits (which decreases the profits that you and me get in our retirement accounts) then no one goes after them with guns drawn. And if they do FOX news acts all aghast that the police state is coming after Republicans or some nonsense. This was small-time criminal activity and the police state was harassing Floyd. It did what it was designed to do -ensnare him in the criminal justice system. It is unjust. De-escalation training will not stop this.
He drew his gun on a guy refusing to show his hands. The nature of the crime had nothing to do with it.
Exactly.
We have the right to bear arms. Most people seem to forget that with that right comes some responsibility to show that you are not, at that point in time, armed.
Putting your hands on the wheel, or keeping them visible is a required responsibility in a civil society. Hell, that's how waving, handshakes, and numerous other actions came about. Fail to do that, and others can be expected to respond as if you are a threat.
Too many people mistake the basic personal responsibility of demonstrating 'no weapon' as some sort of suck-up to the cop or debasement of self. It's not. It's basic civil responsibility.
The cop also may have pulled his criminal record before the arrest, saw that he had been convicted of armed robbery, and been a bit on edge. Couple that with the refusal to show hands and it's not all that surprising that a weapon would be drawn. Not right, perhaps, but also not surprising.
"This was small-time criminal activity and the police state was harassing Floyd."
No, they were not harassing Floyd. They were arresting him for a crime that the voters agreed should be a crime. The responsibility for this is not solely the "police state", but the damn voting public who actively votes for law enforcement of endless petty crimes.
I've heard a statement, I think from the Instapundit, paraphrasing "unless you are ready to use deadly force for enforce it, don't make it a law". And at the end of the day, that is 100% correct. In order to enforce laws, the police will continue to escalate against resistance, up to and including deadly force. That is their job. We need to stop pretending that they need to all be saints and behave perfectly. Humans are idiots with rampant emotional problems, bad days, and endless issues. Cops are no different and the more stupid laws they enforce, the more issues will arise from those interactions.
And maybe all the idiots here at Reason could stop the endless, and mindless cop-bashing, and remember what it actually means to be a Libertarian. And no...it's not just about legal pot.
Heraclitus is literally arguing that people who are suspected of committing crimes shouldn't be arrested, as if he believes in a two-tiered system of justice.
It's almost like these leftists don't actually believe in anything other than a bullshit narrative of egalitarianism that only goes in one direction.
I still think the manslaughter charge is warranted against Chauvin, but if you think this video (the full unedited video, mind you) incriminates the officers, you're off your rocker. George looks crazy, is lying, and is doing everything short of violence to weasel out of a lawful arrest. Rather than showing the officers terrorizing George, this video shows them exhibiting a tremendous amount of patience with an uncooperative arrestee. This is going to make the prosecution more difficult, not less, which is probably why it leaked only now.
And Ellison certainly saw this video prior to the charges.
Is he expecting or planning for an acquital? Or just didn't care?
He wants a gazillion hours of TV time, during what he hopes is another OJ trial. Afterwards, a guilty verdict for Murder, which makes him a stud, and suitable for higher office.
Or they rule Not Guilty, and he gets to claim 'Not My Fault;' it was those systematic racists in Minnesota. Plus, it'll be another national round of "Burn That Shit Down," and maybe thus time, the DNC will get the stack of bodies they were hoping for in the first round.
He’s probably delusional rather than lying.
I guess we're watching two different videos. The video begins with the officers yelling for Floyd to put his hands on the wheel. He was continually reaching backwards. For what? We don't know. Even after he finally puts his hands on the wheel, he then takes them off several times. You're not in law enforcement, but you should seen enough videos to know that failure to comply to these simple commands is a huge warning flag. Suspects do not need to be acting aggressively to be a threat. Pull up any number of videos of officer shootings and you can see that most of them come out of nowhere- with a suspect that appears to be compliant.
Floyd's death is the result of his own mistakes- dozens of them- both on video and preceding it. Repeatedly yelling "I can't breathe" while officers are barely touching him in the back seat of the SUV created a "Crying Wolf" situation.
You're shit journalist. Every article I've ever read from you has been misleading, poorly thought out and agenda-driven. This will be that last one that I click on. You and that hack Dalmia are dead to me.
Your analysis is spot on. Just because George said, "Mr. Officer, I'm not that type of guy." doesn't mean he wasn't exactly that type of guy.
https://medium.com/@gavrilodavid/why-derek-chauvin-may-get-off-his-murder-charge-2e2ad8d0911
Yeah, he was lying! So kill him!
Lol, calm down...Maybe a soothing knee on your neck will help you to stop emoting like a woman.
This made me chuckle. This was a tough situation. The troubling bit is, regardless of your position on George Floyd's situation, the government's knee on your neck isn't far from their boot on your neck.
This post at Medium is the type of rational analysis I expected to read at Reason. Th quality of analysis provided by Reason authors isn't meeting the quality bar lately. https://medium.com/@gavrilodavid/why-derek-chauvin-may-get-off-his-murder-charge-2e2ad8d0911
Thanks for that link. Interested read about the excited delirium thing. Reading that made me dramatically change my opinion about Chauvin.
'Officer Lane said, “I am worried about excited delirium or whatever.” The defendant said, “That’s why we have him on his stomach.”'
The idea that he was kept in that position not out of indifference but out of a potential concern for his well being is very surprising.
The excited delirium thing is nonsense.
It's never used as a medical diagnosis outside of medical examiners looking to excuse cops for a death in custody. It is not accepted by the general medical community.
"The idea that he was kept in that position not out of indifference but out of a potential concern for his well being is very surprising."
If excited delirium was real, putting a person suffering from it on their stomach would be almost the worst possible thing to do. Being on your stomach makes breathing harder.
If a person is already suffering respiratory distress for what every reason, putting them on their stomach is a great way to accelerate their death.
If excited delirium was real, putting a person suffering from it on their stomach would be almost the worst possible thing to do. Being on your stomach makes breathing harder.
Yes, that's exactly why doctors have been putting COVID-19 patients on their stomachs as an alternative to ventilators.
Cite required.
Google is hard.
https://www.cnn.com/2020/04/14/health/coronavirus-prone-positioning/index.html
This was a case for small claims court. There should not have been an arrest attempt. Get his I.D. and send him a summons for the court date.
Yes, cops should have just let a man drive away clearly under the effect of mind-altering drugs. What could go wrong?
Also, cops should never try to arrest people who pass counterfeit bills, because how could that be hurting anyone?
Actually, it's out of the local cops jurisdiction to arrest people for passing counterfeit bills. That's strictly a federal offense.
Do you get tired of being extremely wrong?
https://www.revisor.mn.gov/statutes/cite/609.632
That's two cites I've provided you today that you could easily have looked up yourself.
Oh look. The police told the truth. Floyd did resist getting in the police car.
I'm sorry; I just don't have very much sympathy for those who defy law officers or beat them up or steal their weapons and turn them against them... Court is where injustice claims are made; not in a street fight with law enforcement.
" . . . he even tells them that he had COVID-19 (an autopsy on Floyd would verify this claim)."
So he died of Covid, per the CDC reporting guidelines and state policy?
Why did Reason choose to add their opinion to the headline? Let me decide if the Police are acting aggressive and if Floyd is scared, I do not need the editor's or authors opinion!
Why the fuck did Reason link CNN and their deceitful editing but put the actual raw footage under a different hyperlink?! Fuck CNN right in the face. Frankly.....Fuck Reason too! You never cover Libertarian campaigns. Step it up fuckers.
And that's where Officer Derek Chauvin, who had arrived on the scene with fellow Officer Tou Thao, ends up kneeling on Floyd's neck for nearly nine minutes, ultimately killing the man.
Bollocks. If you can't get the facts straight, why proceed any further?
Read the autopsy.
Then note the difference between putting a knee against the neck, and kneeling upon it.
Finally, having done so, show how putting a knee against Floyd's neck could have been a proximate cause of death.
Finally, having done so, show how putting a knee against Floyd's neck could have been a proximate cause of death.
Eggshell skull rule? Courts are willing to accept some pretty bullshit causation arguments....
Ugh. Second line no italics.
'Defendant takes the plaintiff as they find him...'
You know, if they'd tased his ass instead of stupidly kneeling on his neck, they probably walk. Easy to sell an excited delirium case when coupled with the autopsy and toxicology screen.
Did either M.E. say whether Floyd had an M.I. during all of this? IOW, was the big drugged up dummy in the middle of a heart attack, and the cops didn't recognize how much distress he was in?
Yeah, this article is shit. But I still see no valid reason for the cops to be kneeling on the guys neck for an extended period of time. Particularly given his prior statements and having already summoned medical help.
As if i needed another reason to give up on the libertarian party. Cancel my subscription to Reason in the morning. God Bless America ????????
Was it ever established that he had indeed intentionally passed funny money? I've never seen video of the cops doing an investigation. Did they even have reasonable suspicion to detain much less cuff and stuff him?
This is somehow even dumber than your Michael Brown theory.
(Except for the "cuff and stuff." That's at least plausible.)
The fact that cops can make up shit to justify their murders is only the most obvious reason we have due process.
The fact that you make non-sequitur platitudes is the most obvious reason you're a stupid asshole.
The store he gave the false bill to said it was counterfeit. It wasn't the cops.
Unintentionally passing funny money will get you detained, questioned, and probably cuffed and searched, because the cops don't know if it was intentional before doing these things. _That_ is how the investigation starts. You question him to see if he admits he knew it was counterfeit, and if he can and will identify the source. You search him because carrying a thick wad of counterfeit money generally indicates someone working with the counterfeiter.
Give Floyd's noncooperation and confusion, the cops chose to get him down to the station house, then investigate - or more likely, turn the investigation over to department detectives and/or the feds. He didn't want that because a search would turn up drugs, and resisted with words and by not moving where the cops wanted him, but not with violence. The police appear to be at fault for immediately escalating this to violence and what appears to be excessive force, but Floyd was doing his best to "push their buttons".
I think you were watching that video looking to confirm your existing conclusion. To a disinterested observer it reads a lot differently.
Things are a lot dicier than they were a minute ago. A competent defense attorney has a lot to work with between this video and the autopsy.
Look for renewed riots when he is acquitted.
The DA and the politicians had this video from day 1. Hiding this video and obscuring the autopsy results did us no favors. It allowed them to over charge, but it only serves to divide. There is no excuse for hiding the facts in an explosive case like this. They will eventually have to come out. Better to get them all out at once instead of allowing false narratives to take hold.
You're too charitable.
Exactly. And Chauvin will have an extremely competent attorney complements of the police union.
Compliments, probably? English is hard.
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Why was the claim that Chauvin and Floyd might have had a disagreement, when they both worked at the night club, quickly "retracted" and never investigated?
Chauvin doing what he did out of a personal animus, to settle a score, would have knocked the legs right out from under the "random police brutality and racism" reasons for the rioting, arson, mayhem, murder that followed, wouldn't it?
The person who made the claim retracted it. Said he had the wrong black guy IIRC.
As to your second question, LOL No.
I must say that I am disappointed by the author of this "story". I expect a higher degree of impartiality from Reason. I watched the footage several times and it doesn't show aggressive cops harassing a citizen.
The editors at Reason should review this biased reporting.
"The editors at Reason should review this biased reporting."
Thanks for the chuckle.
I was expecting worse.
Maybe I'm slow but what exactly did they do wrong? The guy was hysterical and not complying. They actually let him rant.
It ended badly but up to that point....but the video provides context that led to what happened.
Looks like - sigh - this could be another case of jumping to conclusions.
Don't be so sure about what you see. Your lies can deceive.
eyes can deceive.
I checked literature online and while I am no medical expert, fatalities have occurred as low 2.8 nanograms in the blood, and 8 can often be fatal for those who don't use Fentanyl heavily. He had a blood level of 11 nm per deciliter in his blood, a fatal dose.
Heavy users can take more and survive, but he is apparently heavily intoxicated. The crap about cops "Terrorizing Him" is that, crap.
With Fentanyl and methamphetamine in his blood he was so intoxicated someone walking by blowing their nose loudly or a stuffed animal could cause that reaction.'
He was intoxicated in a vehicle, with the keys which makes him DUI, and he MUST be arrested. He was not manhandled and was having idiotic paranoid reaction to being put in a police cruiser.
He was already in a closed vehicle, with the windows rolled up, yet the cop car makes him "Claustrophobic"? He talks about dying, BEFORE a cop ever wrestles with him.
The independent doctor who autopsied him said the heart was missing, but he said he saw no signs of extensive heart disease but the state autopsy said it did.
Neither can say with certainty that pressure on his neck caused his death, they just "surmise" it. Due to evidence of bruising.
My guess is that if that had of been a corporate owned store, and the clerk "dropped" the cash in the safe and no one saw it was counterfeit, Floyd would of been found dead of a combination of Fentanyl and meth intoxication in his car.
That cop doesn't look like he is leaning full force on him. He was babbling about "Dying" while in handcuffs before he was wrestled to the ground. So the cop thought it was a stoned idiot babbling.
Multiple drugs that are prescription have killed people, multiple street drugs can and do kill people. The cop should be fired, and his death declared "undetermined".
Of course the cops may be convicted. In the Malice Green case the cops were and he had a fatal dose of cocaine in his system, and the wounds from the fight with the cops while extensive probably weren't fatal.
The medical literature then and now said he had a lethal dose of cocaine, and George Floyd has a possibly fatal dose of Fentanyl, along with another drug (Meth) in his system.
Since the Rodney King and Malice Green case cops can't strike people with batons anymore, so other restraints are used when a Taser or pepper spray don't work.
Sometimes those techniques they are taught and trained to use (His department trains that technique, he used it too long.) kill people, especially people on drugs and in poor health.
If he had of sat in the back of the cruiser, he would of been taken in and booked. I assert he would of died in the jail too, untouched. He had a lethal dose of drugs, and was dying from it. Maybe if he was Narcaned he might of lived, but Fentanyl sometime interact weird too.
The cops weren't terrifying him.
What an unfortunate choice of words.
The statement that Mr. Floyd did not act "in a fashion that any reasonable person would conclude made him dangerous" is unfathomable. This man was consistently non-compliant from the beginning of the encounter, and appeared to be either mentally ill or seriously intoxicated. To the contrary, any reasonable person would conclude that a safety risk existed. The video shows that the police spent a significant amount of time, in a relatively calm manner under the circumstances, trying to get Mr. Floyd to comply with simple directives. Apparently, at least one witness at the scene urged Mr. Floyd to cease resisting. Undoubtedly, placing a knee on Mr. Floyd's neck was improper but it is very difficult to conclude from the video that this resulted from malice rather than a lack of competence under an unfortunately difficult situation.
That's Reason's take on this?
Not that George Floyd said "I can't breathe" while he was still standing?
Not that he died of an overdose and the cops didn't kill him?
Not that our cities are burning for nothing?
Is Shackford a Black Lives Matter member?
Here is what is incontestable: THIS HAD NOTHING TO DO WITH RACE
I presume Shackford's next opus will be about Michael Brown putting up his hands and saying "Don't shoot!"