George Floyd Murder: The Trial of Derek Chauvin and What Happens Today
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I haven’t commented about the horrible killing of George Floyd by Derek Chauvin, or about the trial, except to students and friends I trust will actually try to understand and refrain from attacking me. Today is the exception as the trial is coming to an end.
Yes, Chauvin absolutely should be punished for failing to exercise a duty of care, and for causing the death of George Floyd by recklessly endangering and finally taking his life. Why did he do it? Why did he kneel on this man’s neck for over 9 minutes, when, after handcuffing, and being forced to the ground, the threat had been eliminated? I’m not certain, and I’m a former defensive tactics police instructor, but I think he was showing off for the rookies, flexing his muscles so to speak, so he could impress them with his cavalier approach to the sanctity of human life.
Today the closing arguments will take place and the jury will get the case. I don’t expect a speedy verdict, on the contrary, I expect it could take days to reach a decision.
So what will be the outcome? I think he will be convicted, but I don’t think he will be convicted of murder, rather for manslaughter, and I expect it will be a result of the defense instilling some reasonable doubt in the mind of the jury during their case, particularly the medical testimony. While possible he could be convicted of one of the three murder charges, I would be surprised. Juries often take the path of least resistance to a conviction. The third possible outcome would be a hung jury, unable to reach a verdict. It only takes one juror to doubt the soundness of the prosecution’s evidence; again reasonable doubt.
As to sentencing, the judge is reliant on the jury verdict and sentencing guidelines. While he has wide discretion he still has rules he has to follow. For example, a manslaughter conviction carries a maximum 10 years sentence. He can’t arbitrarily sentence beyond that, but he can decide less time is appropriate. That would surprise me given the criminal violence of this crime.
In closing, I think there will be great unrest in America regardless of the verdict because it’s not about just one case. I hope the family of George Floyd can find peace. Mr. Floyd was, by all accounts, a good guy, with human flaws, like all of us. Derek Chauvin needs to be held accountable for killing him.
Thanks for your time, and remember, I don’t make the law, nor does the judge or jury.
So interesting to read all the sensible comments here.
It’s over now and thank goodness the correct verdict was reached.
I agree with Glenn he looked like a sadist to me too he couldn’t care less that he was killing him.
Psychopath probably. How he wasn’t picked out before by his superiors is worrying.
I think that some police, at least a few, have forgotten the term that was once applied to the police. “Peace Officer”. I remember a former chief of police who gave a lecture to my entire department saying that officers are called upon by citizens in times of crisis. Over fifty years ago he urged us to become the calming effect in those situations, not part of the problem.
There is a misconception among a lot of police recruiters and administrators that everyone knows how to communicate the right thing. The truth is that few people actually know how to communicate respectfully to others, particularly when there is a crisis. The less tension brought into a situation the less chance of it getting out of hand. To some, a heavy-handed authoritative is the only way to gain a “command presence”. The mere fact that there is a uniformed officer there meets that goal, and a calm demeanor has a better chance of deescalating a crisis.
listening carefully to some dialog I missed the first time around. The way Chauvin dismissed the heartbreaking pleas: cynical, dismissive and mocking – I’m convinced I’m listening to a sadist getting a sexual thrill out of causing agony.
Knowing how many times he’s been accused of brutality, watching him grinding his knee into a dead man’s face, with that little smirk like he was a kid riding that electric horse in front of the drug store. “well he was big and maybe on something” Sure, we should be sorry for helpless Derek. I mean that crowd of little girls were such a threat, and the officer who suggested it was time to stop killing him – obviously not the man to listen to. No, “he’s staying right where he is”
Repercussions from the public indeed. The only place safe for this monster is the pen where he’s less likely to be lynched.
He won’t be in the general population (gen pop) for just that reason. He might be shivved. Of course, there is always the chance the Aryan Brotherhood would protect him like they usually do, should he end up in Genpop years down the road. I’ve talked to lots of inmates in my career, more than I can count, and the two worst things in prison are the ever-present threat of violence and the intense boredom. At least if you are in gen pop you get to socialize, but in protective custody (PC) not so much.
Secondly, and I know you hate this but the defense just has to do its job or risk the courts reversing and remanding it. In this case, the defense is doing a really good job at instilling reasonable doubt in the jury. The ‘reasonable doubt’ concept is stressed by the court and in the written jury instructions, impressing the jury with the importance of their duty, based on the reasonable doubt concept. He’s not lying about anything only using the evidence to his advantage, as he’s supposed to do. The system we have isn’t unique as you know. On the contrary, it is based on English Common Law and is practiced almost exactly the same by other Democratic countries.
No matter, I’ve seen hundreds of closing statements and have been surprised what jurors will dismiss as bullshit, most often from the mouths of the defense. The state has another bite at the apple, as their opportunity to rebut the defense statements will happen later today.
Glenn, I am glad to hear that I was not the only one that saw the smirk on his face. He was enjoying the entire process it seemed.
He was showing off for the rookies.
As a former prosecutor and former public defender and having worked as a paralegal researching and investigating use of force complaints for persons injured or killed by the police, I long ago reached the conclusion that we have failed to teach police officers effective de-escalation techniques and require that they actually use them. We have failed to teach police officers techniques to manage their stress and to instill in them the concept that not using unnecessary force shows strength, not weakness. We have to train officers to use their brains, and not their brawn or weapons. The Floyd encounter could clearly have been managed/diffused with a little empathy, compassion, and flexibility. Even if George Floyd knowingly passed a counterfeit $20 bill, that crime did not warrant the death penalty, which is what Floyd got. I agree, Mike, that the easy verdict for the jury is a manslaughter conviction but the evidence clearly justifies the higher charge.
Good points, Mike. I think you are right about the decision and Chauvin’s reasons for doing what he did. I think he was also showing off for the crowd. The outcome will be somewhat slow in coming. Right now I think that most are praying for a guilty verdict and a sentence involving incarceration. Without a reasonable sentence, there will be repercussions from the public.
Mike this is the best summary I’ve ever read about this matter. You are fair and concise, and despite your background you are no police apologist. Kudos my friend.