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Unpack the Derek Chauvin trial.

For the past month, Derek Chauvin has been on trial for the murder of George Floyd. Finally, the verdict is out. Chauvin faced three charges: second-degree unintentional murder, third-degree murder, and second-degree manslaughter. To convict Chauvin, the prosecution needed to show each charge beyond a reasonable doubt. The prosecution did not need to prove that Chauvin intended to kill George Floyd to convict him of the charges.

Happy Wednesday and welcome back to the Anti-Racism Daily. After a tense month, the Derek Chauvin trial has finally come to an end. For the first time in Minnesota state history, a white police officer has been held accountable for killing a Black man. It shouldn’t have had to take a video recorded by a 17-year-old girl, a summer of national protests, and months of intense pressure by the family and organizers for this trial to occur. Remember that true justice would mean George Floyd is still alive. Brutality like this cannot be reformed. Today, The George Floyd Memorial Foundation joins us to review the details of the trial and its impact. The details below indicate how so many other charges against law enforcement in the past have been dismissed or discredited.

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By The George Floyd Family Foundation

For the past month, Derek Chauvin has been on trial for the murder of George Floyd. Finally, the verdict is out.

Chauvin faced three charges: second-degree unintentional murder, third-degree murder, and second-degree manslaughter. To convict Chauvin, the prosecution needed to show each charge beyond a reasonable doubt. The prosecution did not need to prove that Chauvin intended to kill George Floyd to convict him of the charges.

Throughout the trial, groundbreaking developments came to light, such as confirmation that Chauvin pinned Floyd down for 9 minutes and 29 seconds, not the well-known 8 minutes and 46 seconds, and confirmation that George Floyd did not attempt to flee the scene before the incident.

Cause of Death Confirmed: The official autopsy for George Floyd declares his death a HOMICIDE, caused by cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression. Drug use and heart disease were "contributing conditions" but "not direct causes" (The New York Times 1). Dr. Martin Tobin, a medical expert testifying in the trial, confirmed, "A healthy person subjected to what Mr. Floyd was subjected to would have died” (The New York Times 2).

While the prosecution provided significant evidence proving that George Floyd died from homicide, the defense continued to spread misinformation, blaming George and his health conditions for his death, blatantly ignoring and undermining evidence and witness/expert testimony. 

In light of the defense’s strategy to confuse and mislead the jury and the public, let’s review Fact vs. Fiction regarding the trial of Derek Chauvin:

FICTION: George Floyd died from a drug overdose.

FACT: Dr. Martin Tobin, a pulmonologist who took the stand, confirmed that George Floyd could not have died from a drug overdose, telling the jury, “Mr. Floyd appeared to be breathing at a normal rate before he became unconscious… Had he been overdosing on fentanyl, his rate of breathing would have slowed” (The New York Times 2).

FICTION: If George Floyd was able to speak, he must have had enough oxygen.
FACT: Dr. Tobin clarified to the jury that while George Floyd could speak, that does not mean that he had enough oxygen. “During the arrest, a police officer told Mr. Floyd that he seemed to have enough oxygen because he was able to tell officers that he couldn’t breathe. Dr. Tobin said that a person might be taking in enough oxygen to speak, but not enough to survive. They can be alive and talking one moment, and dead just seconds later, he said” (The New York Times 2).

FICTION: George Floyd suffered from “excited delirium.”

FACT: Dr. Bill Smock, an expert witness of the prosecution and Louisville Metro Police Department surgeon, confirmed that George Floyd did not die of excited delirium, “a term used to describe someone who has become aggressive or distressed from a mental illness or drug use (The New York Times 2). Dr. Smock explained to the jury, “The term has been disproportionately applied to Black people and has been used by law enforcement to justify police brutality.” 

During the trial, numerous members of law enforcement testified against the actions of Derek Chauvin, confirming his actions were “uncalled for” and not in line with policy or training. Minneapolis Police Chief Medaria Arradondo even testified that Chauvin violated policy. Use-of-force expert Sgt. Jody Stiger testified that Chauvin used “deadly force” when “no force should have been used” (The New York Times 3). The willingness for active members of law enforcement to come forward and speak out against a fellow officer led some, including Minneapolis Civil Rights Attorney and former NAACP Chapter President Nekima Levy Armstrong, to believe that the “Blue Wall of Silence,” also known as the “‘no snitching’ code for cops,” collapsed during the trial (NowThis News). Others believe this to be an isolated distancing from one cop rather than a systemic shift in norms amongst law enforcement.

In Closing Arguments, the prosecution reminded the jury that George Floyd is “not on trial here,” after weeks of the defense attempting to put George and his past on trial for the scrutiny of the jury and the world (The Hill). In this, we are reminded that George Floyd, his health, and his past are, in fact, not of concern here. What is on trial is Derek Chauvin’s decision to apply deadly force to George Floyd for 9 minutes and 29 seconds.

The Verdict: Derek Chauvin has officially been found guilty for the murder of George Floyd and has been convicted of all three of the charges. Chauvin’s bond has been revoked and he will remain in custody until sentencing in eight weeks. He faces up to 40 years in prison for second-degree murder, up to 25 years for third-degree murder, and up to 10 years for second-degree manslaughter.

While nothing can erase the pain that the Floyd family has incurred as a result of this tragedy, this conviction represents a major milestone in holding this system accountable.

Key Takeaways

  • Derek Chauvin was found guilty for the murder of George Floyd and was convicted of second-degree unintentional murder, third-degree murder, and second-degree manslaughter.

  • Derek Chauvin is in custody and will face sentencing in eight weeks.

  • As confirmed in the official autopsy report, George Floyd died due to cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression from HOMICIDE. Compounding factors include heart disease and drug use, meaning that neither heart disease NOR drug use caused his death.

  • The three other ex-officers responsible for the murder of George Floyd will go on trial in August 2021.

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Demand accountability during the Derek Chauvin trial.

Today, March 8, marks the beginning of the murder trial of former Minneapolis police officer Derek Chauvin, one of the four police officers responsible for the death of George Floyd in May of 2020. Chauvin is the officer depicted in cellphone and bodycam footage kneeling on Floyd's neck for nearly nine minutes.

Happy Monday and welcome back to the Anti-Racism Daily. I started this newsletter days after the death of George Floyd; my way to hold us all accountable for the violence and devastation that racism causes. Today I'm amplifying the work of The George Floyd Memorial Foundation to demand a fair trial, and sharing local reporting from the ground. Please do what you can to support their efforts.

This newsletter is a free resource made possible by our paying subscribers. Consider giving $7/month on Patreon. Or you can give one-time on our website, PayPal, or Venmo (@nicoleacardoza). You can also support us by joining our curated digital community. Thank you to all those that have contributed!

Nicole

TAKE ACTION

  • Sign the petition urging Governor Tim Walz, Keith Ellison, of Minnesota Attorney General, and Judge Peter Cahill to ensure a fair trial.

  • Send an automated postcard to members of city and state government advocating for a fair trial. Their goal is to send 10,000 cards by March 31, 2021, and I know we can help them get there. A portion of proceeds supports the George Floyd Memorial Foundation.

  • The Minnesota Star Tribune will be making all reporting on this case free to the public. Consider subscribing to support local journalism during this time.

  • Remember, this is not the “George Floyd” trial. George Floyd is NOT on trial. As the NAACP states, “George Floyd was taken from us viciously, inexplicably, and inhumanely. Derek Chauvin is on trial to tell his side of the story. A luxury that was not afforded to George Floyd and countless other men and women within the Black community”.

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By Nicole Cardoza (she/her)

Today, March 8, marks the beginning of the murder trial of former Minneapolis police officer Derek Chauvin, one of the four police officers responsible for the death of George Floyd in May of 2020. Chauvin is the officer depicted in cellphone and bodycam footage kneeling on Floyd's neck for nearly nine minutes.

Chauvin is charged with second-degree murder and second-degree manslaughter. Prosecutors were initially denied the chance to add a third-degree murder charge in the case, but the Minnesota Court of Appeals overturned that decision on Friday, March 5. This could potentially delay the trial proceedings (Star Tribune). Three other former police officers involved in the death of George Floyd will face trial together in August 2021. 

If he’s found guilty, Chauvin would be the first former police officer to be convicted of murdering a Black man in Minnesota. He will also be one of the few police officers charged and convicted to this extent. Our current justice system makes it incredibly difficult to hold police officers accountable (NYTimes). Read more about qualified immunity in a previous newsletter. This was made quite evident last September when a grand jury decided not to charge any police officer with a crime for killing Breonna Taylor (NYMag).

And justice is rarely seen for victims of police violence in Minnesota. In the past 20 years, at least 195 people have died in law enforcement incidents in Minnesota. But only one officer has been convicted of an on-duty killing.  That officer was a Somali American man, and the victim was a white woman (Star Tribune). Last Friday, families of over a dozen of those victims gathered to advocate for a murder conviction in this trial – not just for the family of George Floyd, but everyone that’s failed to see accountability in these kinds of cases  (Star Tribune). In each of the families' cases, facts were disputed, credibility was questioned, and police escaped liabilities when juries decline to indict or refuse to convict. Read more about Families Supporting Families against Police Violence in this excellent long-form story from the Star Tribune.

Although courtroom seating is limited due to COVID-19, video, and audio of the trial will be streamed live online, which is also significant. A fair and equitable trial unfolding in real-time may help to shape accountability for future cases. This will be the first time a high-profile trial in a Minnesota state court will be broadcast live, and the second trial in August will be, too (Star Tribune). The Star Tribune will offer a live stream each day on StarTribune.com.

If the city’s preparations for the upcoming trial are any indication, they give a pessimistic outlook on the case’s perceived outcomes. The city plans to spend $1M on security measures, and over half of that budget will go towards fortifying its five police precinct stations (NBC News). They’ve also called in thousands of additional law enforcement, including police officers and members of the National Guard. Although the city says that they have been working in partnership with local activists, reporting Tasneem Nashrulla at BuzzFeed News says otherwise. She reports that many activists did not hear from city leaders until Thursday — just days before the trial — and were not involved in the public safety plan. After criticism, the city also reversed plans to hire local social media “influencers” to spread messages of civility and unity in advance of the trial (USA Today).

Demonstrations have been held all weekend in Minneapolis and across the U.S. They are expected to continue today and throughout the trial (Star Tribune). And although only some may participate in person, it’s clear that the world is watching. George Floyd and his family deserve a fair and just trial, but so do all the families impacted by police violence, and all of us still processing the trauma of police brutality in our communities. The verdict in this trial will symbolize how far we’ve truly come over the past year – and only emphasize how much we’ve fallen short historically.

KEY TAKEAWAYS

  • Today is the start of the Derek Chauvin trial, one of the four police officers responsible for the death of George Floyd in May 2020.

  • The trial will be livestreamed to the public, and Minneapolis is bracing for tension by hiring law enforcement and building barricades.

  • Police officers are rarely tried or convicted, particularly in Minnesota, and families of victims are advocating for a fair and just trial.

  • The outcomes of this trial hold particular cultural significance and will symbolize how the U.S. is responding to the racial reckoning of the past year.

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PLEDGE YOUR SUPPORT

Thank you for all your financial contributions! If you haven't already, consider making a monthly donation to this work. These funds will help me operationalize this work for greatest impact.

Subscribe on Patreon | Give one-time on PayPal | Venmo @nicoleacardoza

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