The death of George Floyd sparked an international political and social movement protesting against incidents of police brutality. Photo / AP
The death of George Floyd sparked an international political and social movement protesting against incidents of police brutality. Photo / AP
Derek Chauvin, the former Minneapolis police officer who pressed his knee against George Floyd's neck, was handcuffed and taken into custody today
after being convicted of all three counts against him.
Twelve jurors found Chauvin guilty of second-degree unintentional murder, third-degree murder and second-degree manslaughter, ultimately deciding that Chauvin caused Floyd's death and that his actions were not that of a reasonable officer.
Chauvin is handcuffed and taken into custody after the verdicts were read. Photo / AP
Prosecutors didn't have to prove Chauvin's restraint was the sole cause of Floyd's death, only that his conduct was a "substantial causal factor". They also had to prove his actions were unreasonable, because Chauvin was authorised to use force as a police officer, as long as that force would be considered reasonable by an objective officer.
Here's a breakdown of the charges and what happens next:
What's second-degree unintentional murder?
It's also called felony murder. To prove this count, prosecutors had to show that Chauvin killed Floyd while committing or trying to commit a felony — in this case, third-degree assault. They didn't have to prove Chauvin intended to kill Floyd, only that he intended to apply unlawful force that caused bodily harm.
Prosecutors called several medical experts who testified that Floyd died from a lack of oxygen because of the way he was restrained. A use of force expert also said it was unreasonable to hold Floyd in the prone position for 9 minutes, 29 seconds, handcuffed and face-down.
Hennepin County Judge Peter Cahill presides over court, in the trial of former Minneapolis police Officer Derek Chauvin. Photo / AP
Defence attorney Eric Nelson tried to raise doubts about Floyd's cause of death — saying underlying heart issues and drug use were to blame. He also argued that Chauvin's actions were reasonable, saying Floyd was big, under the influence of something, could start fighting and that nearby bystanders presented a threat.
For this count, jurors had to find Chauvin caused Floyd's death through an action that was "eminently dangerous" and carried out with a reckless disregard for and conscious indifference to the loss of life.
Mark Osler, a professor at University of St Thomas School of Law, said prosecutors tried to prove this through testimony about the dangers of subduing a handcuffed person in the prone position. A medical expert testified about how the restraint would have killed a healthy person, and a police use-of-force trainer testified that officers are trained to avoid the neck when possible.
The jury found Derek Chauvin guilty of murder. Photo / AP
"They wanted to have a lot of evidence showing that what Chauvin did is not what he was trained to do and that the reason they don't train people to do that is because it's eminently dangerous," Osler said.
What is second-degree manslaughter?
Prosecutors had to show that Chauvin caused Floyd's death through culpable negligence that created an unreasonable risk, and that he consciously took the chance of causing severe injury or death.
Philonise Floyd, left, the brother of George Floyd and other family members along with Gwen Carr, the mother of Eric Garner, take part in a prayer vigil led by the Rev. Al Sharpton. Photo / AP
Testimony that revealed Chauvin should have known to put Floyd in a side recovery position, that he should have provided medical care before paramedics arrived and that he stayed in his position after he was told Floyd didn't have a pulse could all point to negligence, said former US Attorney Tom Heffelfinger.
Where is Chauvin now?
Chauvin, who has been free on bail for the last several months, was handcuffed immediately after the verdicts were read and was taken into custody. A sheriff's deputy escorted him out of the courtroom through an interior door.
The Minnesota Department of Corrections said earlier
that he was at the state's maximum security prison in Oak Park Heights, due to an arrangement with the county sheriff and the Department of Corrections. That's the same prison where Chauvin was moved after his arrest for security reasons.
What sentence could he get?
Each count carries a different maximum sentence: 40 years for second-degree unintentional murder, 25 years for third-degree murder, and 10 years for second-degree manslaughter. But Minnesota has sentencing guidelines that call for far less.
Actor Steven Thompson poses for a picture next to a poster of George Floyd. Photo / AP
Under the guidelines, a person with no criminal history would receive a presumptive sentence of 12 1/2 years for each murder charge and a presumptive sentence of four years for manslaughter. The guidelines allow for a range slightly above and below those presumptive sentences, which is up to a judge's discretion.
But in this case, prosecutors are seeking a sentence that goes above the guideline range, called an "upward departure". They cited several aggravating factors, including that Floyd was particularly vulnerable, that Chauvin was a uniformed officer acting in a position of authority, and that his crime was witnessed by multiple children — including a 9-year-old girl who testified that watching the restraint made her "sad and kind of mad".
In this image from police body cam video, a Minneapolis police officer approaches George Floyd with a gun drawn. Photo / AP
After the verdicts, Attorney General Keith Ellison said his office would be seeking a "fair" and "just" sentence. He would not be specific, but said: "We believe there are aggravating factors and the sentence should exceed the sentencing guidelines."
