Proof Beyond A Reasonable Doubt (based on reason and common sense) key to weighing the charges against Derek Chauvin

The Minnesota State Attorney giving closing arguments in the Derek Chauvin case aired on television this Monday morning, April 19, 2021 is one all people could benefit from hearing with an open mind. The judge read the law, charges and manner in which evidence should be considered by the 12 jurors before the closing arguments began.

The State's Attorney made points that 'you can believe what you see in the video in terms of Derek Chauvin kneeling on the back of the neck of George Floyd on May 25th, 2020. The various charges were defined clearly with the elements that need to be proved beyond a reasonable doubt by the state for a guilty chage.

You know what the charges are, what the elements are for the various charges. Murder in the 2nd degree. The death of George Floyd would need to be proved and that the actions of Derek Chauvin caused the death.  He is going thru the various charges and showing what criteria was met. The Hennepin Hospital declared that George Floyd died so that is established. Causation means that Derek Chauvin substantially caused the death of George Floyd.

The likelihood that other factors may have contributed to George Floyd's death does not relieve Chauvin of the criminality of his actions. Use of Force has been defined to the knee went to the neck especially when in the prone position (pinning him to the ground) which was not the training for subduing a person after a person is handcuffed. George Floyd should have been in the 'recovery prone' position to allow him to breathe.

Police Officer Lane held George Floyd's feet while Derek Chauvin continued to press on his neck. The cause of death was asphyxiation due to a low level of oxygen.  They observed an anoxic seizure (loss of oxygen), then there was a cardiac arrest. George Floyd did not die primarily from a cardiac arrest even though he was under duress and shoved on the pavement. The nine minutes and 29 seconds of compression resulted in the decrease of oxygen as described by the pulmonologist Dr. Tobin. He was highly skilled and experienced.

Anyone in that position on unyielding pavement with the weight of Derek Chauvin pushing down on 90 lbs of force was so severe it was as though losing one lung's capacity. From the prone position alone, the lung capacity can be reduced by 24% and with pressure 43%. There is a danger to a person  of positional asphyxia. George Floyd was breathing with shallow breaths that could not circulate enough oxygen. 

That resulted in a cardiac arrest, not an arythmic heart function. The heart did not initiate the death of George Floyd. While the state's attorney discussed that there wer drugs in his car, that is not to be factored in. George Floyd's fentynol and methamphetamine levels were low risks. Doctors who have treated people who were under the influence of such drugs can develop a tolerance for the drug. The evidence of the way George Floyd died was not due to excited delirium or due to a drug overdose. George Floyd did not have superhuman strength or seem impervious to pain which some arguments stated.

A tumor he had did not cause his death either according to witnesses and the state's attorney. He did not die from carbon monoxide. George Floyd had an oxygen saturation level of 98% in his blood.

The cause of death is that he could not breathe, which George Floyd's final words stated..."Please I can't breathe!" There were 38 witnesses to consider and the state's attorney suggested they look at each charge with the elements presented in order although that is not required.

The police have extensive training about dealing with a crisis such as someone being claustrophobic and unable to get in the car due to emotional distress which the state's attorney explained with evidence to that point that George Floyd was compliant to the many orders given him from being in his car.

Responding to a call about a fake (counterfeit) $20 bill (which had not been proven to be so at that point), the police approached George Floyd from both sides of his car. Weilding a gun a couple of feet from George Floyd who was in the driver's seat,  Officer Lane ordered him to put his hand on the steering wheel, which the alarmed George Floyd did.

Then they told him to get out of the car and put handcuffs on him. Those were not functioning well and kept getting tighter throughout the next stages of the arrest. He complied to sitting down on a cement step, and then when being told to get in the back of a police car, he panicked saying he was claustophobic.

He was forced in, then taken out again and was made to kneel down. At that point more consideration could have been given in a crisis manner as the police have been trained to apply.

They respond to over 4000 crisis calls in MN annually. More information was given about the other charges and how to assess those. For third degree murder, the defendant had to commit an act that was imminently dangerous even if not intentional..and performed without regard for human life.

The state must prove the act was highly likely to cause death, that the defendant disregarded the risk of harm injury or likelihood of causing death. Showing 'conscious indifference" needs to be considered for the charge. Police know the risks of positional asphyxia.  Witnesses were telling Derek Chauvin that what he was doing was cruel and wanton pressure.

They shouted, "What are you doing?! He can't breathe. What's your badge number?" A 9 year old said it was not right or fair what was happening. Police are supposed to act with courage and compassion. Instead, the state's attorney says, the disregard for George Floyd's suffering he said 'everything hurts, I need water, I can't breathe.' The police said, " Uh-huh...It takes a lot of oxygen to be talking..." The police said George Floyd's feet he was holding had a four smell.

"Culpable negligence' is intentional conduct with a strong probability of causing great bodily harm (such as loss of consciousness), injury or death. Derek Chauvin's negligence includes the assault of keeping George Floyd prone and his knee on his back as well as providing assistance if there is injury or loss of consciousness.

He should have performed CPR. He would not let others intervene including an off-duty police officer who offered to do so.  That element of Culpable negligence is proven. The state's attorney says Derek Chauvin can be found guilty of that and the other elements. If being a police officer would cover those elements of force and actions (and lack of assistance) that must be considered.

The question is 'Was this subjectively reasonable?" The law does not provide coverage or an excuse for abuse by a police officer. Whether the knee on the neck was intended to cause pain or did cause pain was discussed with a witness saying no but the state's attorney saying indeed it did. Look at the perspective of a reasonable police officer, some of whom testified that was not the training or recommendation for subduing a person.

The justification for using that level of restraint or control, the police had said 'George Floyd could be a risk since he was large and could be on something so have extra strength."

The point made was that force should not be used if a 'risk' but only if 'a threat.' So the defendant at the time, and at the scener to Officer McMillan was that he was large and may have been on something. Once George Floyd was placed on the gurney, Derek Chauvin did not show remorse.

The state's attorney reviewed that there was no threat from George Floyd who had called him, Mr. Officer at the start and kept asking for consideration for the pain he was in, calling out for his mother. They thought of using a rip hobble which would be used in the side recovery position.

They knew that was not an option due to the concerns of not having justification and maybe having that procedure reviewed. Deadly force is not authorized when a person is subdued or passed out, on the ground. McMillan was saying for George to get up and get in the car. George was saying, 'I will but I can't.' 

That was being deemed non-compliance but George Floyd was not given a chance to do so, the state's attorney said.