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George Floyd death: Fired police officer Derek Chauvin charged with murder over Minnesota killing

Derek Chauvin in custody four days after Minneapolis killing of black man in handcuffs

Alex Woodward
New York
Friday 29 May 2020 14:25 BST
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Minneapolis police station set on fire in George Floyd riots

Fired Minneapolis police officer Derek Chauvin, who was captured on camera kneeling on the neck of George Floyd moments before his death, has been charged with third-degree murder and manslaughter.

He was in law enforcement custody four days after that fatal encounter, Hennepin County attorney Mike Freeman announced on Friday.

“We are in the process of continuing to review the evidence,” he said. “There may be subsequent charges later.”

If convicted of murder in the third degree, Mr Chauvin faces up to 25 years in prison.

Investigations are pending against three other officers, who have also been dismissed from the force, while the office has focussed on pursuing ”the most dangerous perpetrator”, Mr Freeman said.

A detailed criminal complaint reveals that Mr Chauvin had his knee on Mr Floyd’s neck for nearly three minutes after Mr Floyd was “non-responsive”. Mr Chauvin was kneeling on Mr Floyd for nearly nine minutes.

Prosecutors said that “police are trained that this type of restraint with a subject in a prone position is inherently dangerous”.

Mr Floyd called out ”I can’t breathe”, “mama”, and “please”.

“None of the three officers moved from their positions,” prosecutors said.

But a preliminary medical report from the Hennepin County Medical Examiner found "no physical findings that support a diagnosis of traumatic asphyxia or strangulation" and claimed that "underlying health conditions ... likely contributed to his death" despite widely shared footage of Mr Chauvin's knee forced against Mr Floyd.

On Thursday, the US Department of Justice revealed that an investigation into the killing of Mr Floyd has become a “top priority” as protests and riots erupted in the wake of his death and the officers’ dismissal from the force, with demonstrations demanding that the officers involved be arrested for murder.

Federal agents have opened an investigation to determine whether there was a “willful violation of federal civil rights” while officials including Minneapolis mayor Jacob Frey have urged that authorities seek criminal charges against Mr Chauvin for the death of Mr Floyd while he was handcuffed and complained that he wasn’t able to breathe.

The Minneapolis Police Department has identified that the other fired officers are Thomas Lane, Tou Thao and J Alexander Kueng.

Minnesota is one of three states that categorises murder in the third degree.

In 2019, former Minneapolis police officer Mohamed Noor was convicted on a charge of third-degree murder in the killing of 911 caller Justine Ruszczyk.

“We have looked very closely at all statues,” Mr Freeman said. ”This is what we’ve charged now. The investigation is ongoing.”

Body-worn camera and witness footage, medical reports and other evidence that has surfaced was sufficient to press charges, Mr Freeman said.

Reports have revealed that Mr Chauvin – who was on the force for nearly 20 years – has been the subject of more than a dozen complaints filed to the department’s Internal Affairs Division, although only two of these complaints were resolved “with discipline”.

In 2008, he shot a man who allegedly tried to reach for his gun, according to reports. He was also on the scene of several other police shootings in his career.

Police initially reported that Mr Floyd had resisted arrest and died following a “medical” incident, but video from the scene shows that he cooperated with arresting officers.

During another night of protests in the wake of Mr Floyd’s killing, a police precinct was engulfed in flames on Thursday, following pleas from officials for “peace” as law enforcement had yet to announce whether the officers involved with his death would be held responsible, or whether the department had authorised that use of force.

Minnesota governor Tim Walz activated the National Guard on Thursday and urged residents and police to “restore order” before authorities can “can start addressing the issues, before we turn back to where we should be spending our energy: making sure justice is served”, he said.

“What the world has witnessed since the killing of George Floyd on Monday has been a visceral pain, a community trying to understand who we are and where we go from here,” he said.

The governor said that the arrests of CNN crew covering the protests early on Friday was “inexcusable” after State Police officers were captured arresting the crew live on air.

“I take full responsibility,” Mr Walz said.

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