Days after taking over the case, Minnesota Attorney General Keith Ellison beefed up the murder charge against a former Minneapolis police officer and filed criminal charges against three others, saying justice would be found for George Floyd.
Ellison and Hennepin County Attorney Mike Freeman Wednesday filed an amended criminal complaint against Derek Chauvin, adding a charge of second-degree murder.
Three other Minneapolis officers, who have also been fired, were charged Wednesday with aiding and abetting second-degree murder and second-degree manslaughter in Floyd’s May 25 death. They are Thomas Lane, 37, J. Alexander Kueng, 26, and Tou Thao, 34.
Chauvin, 44, is accused of kneeling on the neck of Floyd for nearly nine minutes while the 46-year-old was handcuffed on the ground, while Lane and Kueng helped hold him down.
“We’re here today because George Floyd is not here,” Ellison said Wednesday. “He should be here, he should be alive. … About nine days ago, the world watched Floyd utter his very last words, ‘I can’t breathe,’ as he plead for his life.”
A bystander’s video captured the incident, including Floyd going motionless, and the case has sparked protests and unrest around the Twin Cities and the world. A federal civil rights inquiry is underway and the Minnesota Human Rights Department is conducting an investigation into the Minneapolis Police Department’s racial practices over the past decade.
A family memorial service will be held for Floyd in Minneapolis on Thursday, with the Rev. Al Sharpton delivering the eulogy.
“This is a bittersweet moment for the family of George Floyd,” said Floyd family attorney Benjamin Crump. “… This is a significant step forward on the road to justice, and we are gratified that this important action was brought before George Floyd’s body was laid to rest.”
4 IN CUSTODY
The three former officers were arrested Wednesday afternoon. Chauvin has been in custody since Friday.
Chauvin’s attorney, Eric Nelson, and Lane’s attorney, Earl Gray, declined to comment Wednesday. Kueng’s attorney, Thomas Plunkett, could not be reached. A court record did not indicate who is representing Thao.
Floyd’s family has asked that first-degree murder charges be brought. In Minnesota, such a charge would require prosecutors to prove Floyd’s death was premeditated.
Ellison said public pressure played no part in his decisions and he said he would not attempt to bring any charges that could not be proven in court.
“The evidence available to us now supports the stronger charge of second-degree murder,” he said. Ellison added that he could not discuss any details of the incident or how he and Freeman arrived at the new charges, saying the case is still under investigation and speaking out publicly too much might jeopardize a conviction. He asked anyone with evidence to come forward.
All four officers face a maximum sentence of 40 years in prison if convicted under the most serious charges.
Ellison said the investigation needs to be thorough because “winning a conviction will be hard,” but added that was not because they doubt their resources or abilities. He pointed out that Freeman is the only prosecutor in Minnesota who has successfully convicted an officer of murder, in Mohamed Noor’s 2017 shooting of Justine Damond in Minneapolis.
Outside Cup Foods in South Minneapolis, where police took Floyd into custody, there were several hundred supporters and onlookers gathered Wednesday. There were murals, flowers and signs demanding justice. People were giving high-fives to a man with a sign criticizing Minneapolis police, in particular its union president.
“It’s a good vibe out here tonight,” said Antinet Agee, 32, of Northeast Minneapolis, who was handing out free food Wednesday evening with her cousin Devorshier Agee, 32, of St. Paul. “It went from sad and angry, and now it’s a celebration now that we’ve got them,” referencing the charges against the three officers Wednesday.
NEW CHARGE OF SECOND-DEGREE MURDER
The new charge of second-degree murder against Chauvin alleges he killed Floyd while committing a felony — third-degree assault — and that the assault led to Floyd’s death. The charge does not appear to require prosecutors to prove that Chauvin intended to kill Floyd.
The upgraded charge against Chauvin says the officer’s actions were a “substantial causal factor” in Floyd’s death.
On Friday, the Hennepin County Attorney’s Office charged Chauvin with third-degree murder and second-degree manslaughter. The three other officers were not initially charged.
The amended criminal complaint against Chauvin adds some information, while removing some details in the original version. The allegations about what led officers to Floyd are the same:
On May 25, police responded to a 911 call at Cup Foods at Chicago Avenue and 38th Street East reporting a man bought merchandise with a counterfeit $20 bill. Officers Lane and Kueng arrived at 8:08 p.m. and were told the man was in a car around the corner. Their body cameras were activated.
The officers approached the car and ordered Floyd out. Lane handcuffed him. The original complaint said Floyd “actively resisted being handcuffed,” a statement that was not in the amended complaint.
Floyd sat on the ground at Lane’s direction. The amended complaint adds that Floyd then said, “thank you man” and was calm, and also that Lane noted there was foam at the edges of Floyd’s mouth. Lane asked Floyd if he was “on anything.”
At 8:14 p.m., officers Kueng and Lane stood Floyd up and tried to walk him to their squad car. He stiffened and fell to the ground. The amended complaint added, “Mr. Floyd told the officers that he was not resisting but he did not want to get in the back seat.” Both versions of the complaint said he told the officers he was claustrophobic.
FLOYD SAID HE COULDN’T BREATHE
After Chauvin and Thao arrived and the struggle to get Floyd into a squad continued, Chauvin pulled Floyd from the car at 8:19 p.m.. Floyd went to the ground face down and still handcuffed. Kueng held Floyd’s back, Lane held his legs and Chauvin placed his knee in the area of Floyd’s head and neck.
“During this time, Mr. Floyd repeatedly stated he could not breathe and his physical condition continued to deteriorate such that force was no longer necessary to control him,” the complaint said.
Lane asked if they should roll Floyd onto his side and Chauvin responded, “No, staying put where we got him,” the complaint said. Lane also said, “I am worried about excited delirium or whatever,” and Chauvin said, “That’s why we have him on his stomach.”
A 8:25 p.m., video showed Floyd stopped breathing or speaking.
Chauvin removed his knee from Floyd’s neck at 8:27 p.m. and an ambulance arrived. He was pronounced dead at the hospital.
When the charges were filed against Chauvin on Friday there were preliminary autopsy findings from the Hennepin County Medical Examiner’s Office. The medical examiner’s office released Floyd’s full autopsy report on Wednesday, saying they were doing so in cooperation with Floyd’s family.
The medical examiner’s office “did not observe physical findings supportive of mechanical asphyxia” and Floyd’s cause of death was listed as cardiac arrest “complicating law enforcement subdual, restraint and neck compression,” according to the criminal complaint.
A Monday summary report of the autopsy had listed fentanyl intoxication and recent methamphetamine use under “other significant conditions” but not under “cause of death.” The full report’s footnotes noted that signs of fentanyl toxicity can include “severe respiratory depression” and seizures.
The report also noted Floyd’s lungs appeared healthy but he had some narrowing of arteries in the heart.
The autopsy report also noted that Floyd had tested positive for COVID-19 on April 3 but appeared asymptomatic.
The report suggests the virus played no role in his death, since his lungs showed no signs of damage or pneumonia.
ELLISON URGES PATIENCE
Gov. Tim Walz announced Sunday that Ellison would take the lead in the prosecution of the case. Ellison, an African-American former member of Congress, spent his early career as a public defender and civil rights activist, but he’s never served as a criminal prosecutor.
Ellison said he was not planning to personally prosecute the case in court.
Appearing alongside Ellison at Wednesday’s news conference was Hennepin County Attorney Mike Freeman, the man who would normally handle such a case. Ellison said Freeman’s office and his office were a “team” and would share resources.
He also urged patience from those seeking a swift resolution, cautioning that it would take “months” before the case goes to trial. He did not say when body camera footage from the four officers might be made public.
WALZ: ‘MEANINGFUL STEP TOWARD JUSTICE’
Ellison said the slow wheels of justice in prosecuting the officers should have no bearing on the public outcry for police reform.
“There’s a lot more to do than just this case,” he said.
It was a sentiment echoed by Walz.
“The charges … are a meaningful step toward justice for George Floyd,” Walz said in a statement. “But we must also recognize that the anguish driving protests around the world is about more than one tragic incident.
“George Floyd’s death is the symptom of a disease,” Walz continued. “We will not wake up one day and have the disease of systemic racism cured for us. This is on each of us to solve together, and we have hard work ahead.”
Nick Ferraro contributed to this report.
