Despite Video of Killing, Chauvin Murder Trial Hinges on Cause of Death
Content Warning: Descriptions of police violence and death.
On March 29th, the trial of former Minneapolis police officer Derek Chauvin commenced as the defense and prosecution stated their cases on the charges of second and third-degree murder and second-degree manslaughter. Chauvin is accused of killing George Floyd, an unarmed Black man, by kneeling on his neck for 9 minutes and 29 seconds in an event that highlighted police brutality and racial injustice in the United States. The killing and subsequent violent police to protests has spurred calls for police reform and abolition. With the trial nationally televised, the country waits with bated breath anxious to see if Chauvin will be held to account for his actions.
That Chauvin was charged at all is a small victory. Around 1,000 people are shot and killed by the police every year, but fewer than 9 officers are prosecuted for murder or manslaughter each year in connection to those deaths. Of completed cases, only 47% result in conviction, often on a lesser charge. While some of these shootings may be justified if officers have reasonable belief that their lives are in imminent danger, Bowling Green State University professor of Criminal Justice Philip M. Stinson argues “it [has] got to be that more of the fatal shootings are unjustified.” It is usually very hard for prosecutors to convict officers for a number of reasons. It is hard to collect evidence when police (as they sometimes do) resist cooperating with the investigation. It is hard for a prosecutor to put the relationship between themselves and the police force at risk. It is hard to convince a jury to put a police officer away. It would be difficult enough to charge a police officer without taking into consideration that they are judged by a different standard legally; the state must prove that the force was not justified and the jury must judge the situation from the perspective of the officer in the moment. However, Chauvin’s case is more clear cut than many police shootings given the video recordings, the extended nature of the force he applied to Floyd, and clear condemnation from his police force.
In opening statements, Jerry Blackwell, a special assistant attorney general for the state and a UNC Law alum, told the jury, “You can believe your eyes… [i]t’s homicide, it’s a murder.” He laid out the state’s case that George Floyd died as a result of an “excessive and unreasonable” use of force by Chauvin, which squeezed the life out of Floyd. Eric Nelson, counsel for Chauvin, contended that Chauvin acted within the bounds of his training and said that Floyd’s death resulted from cardiac arrhythmia brought on by “hypertension, his coronary disease, the ingestion of methamphetamine and fentanyl, and the adrenaline flowing through [Floyd’s] body.”
The prosecution has mustered compelling testimony from eyewitnesses, who clearly believed that Floyd’s life was in danger as a result of Chauvin’s actions. The defense contends that these bystanders created a hostile environment. The prosecution has also shown body camera recordings of the arrest and tape of Floyd inside a convenience store, apparently intoxicated, spending a counterfeit twenty dollar bill — the impetus for the 9-1-1 call that led to his death. Perhaps most helpful for the prosecution, sergeant David Pleoger, Chauvin’s supervisor, testified that the use of force could have been ended sooner, after Floyd stopped resisting arrest. Lieutenant Richard Zimmerman testified that he “saw no reasons why the officers felt they were in danger” and that the force was “totally unnecessary,” and Lieutenant Mercil testified that Chauvin’s actions violated the Minneapolis Police Department’s Policies. Sergeant Jody Stiger of the Los Angeles Police Department, a use-of-force expert, also testified that Chauvin's use of force was inappropriate and placed Floyd at risk of asphyxiation.
Arguing that drugs, not Chauvin’s actions, ultimately caused Floyd’s death, the defense has played up George Floyd’s prior drug use. Testimony from Courteny Ross, Floyd’s girlfriend, provided a sympathetic picture of the man. She described him as a kind-hearted “mama’s boy” devastated by the loss of his mother, but also provided insight into his substance abuse struggles. The defense latched on to an instance in March of 2020, when Floyd was hospitalized after an overdose. It has also highlighted a portion of footage in which Floyd can be heard saying, according to them, “I ate too many drugs,” though others hear it as “I ain’t do no drugs.”
The case may ultimately hinge on what the jury believes caused Floyd’s death, along with expert testimony to come. If the jurors believes that he died as a result of drug use and that Chauvin’s actions were not a contributory factor, he will likely be acquitted — even if they believe that Chauvin’s use of force was excessive and unreasonable. A conviction, however, would be a powerful statement that such use of force and police brutality have no place in American society, and that police will not be allowed to escape the consequences of their actions.