I’m sure they would find plenty of eager participants.
What am I talking about? This:
The DOJ is now planning to indict [Chauvin] and the three other cops involved in Floyd’s death on civil rights charges, a source told the Tribune.
The federal investigation into Floyd’s death is separate to the state’s case which led to Chauvin’s trial and conviction last week.
[The federal case] has been running in parallel with federal authorities presenting evidence before a grand jury of 23 citizens who will decide if there is probable cause to bring charges against the disgraced officers.
The three other cops – J. Alexander Kueng, Thomas Lane and Tou Thao – face trial together on August 23 on state charges of aiding and abetting second-degree murder and manslaughter. They deny those allegations, and were fired from their jobs at Minneapolis PD in the wake of Floyd’s death.
The Minnesota AG’s Office wants to also add a charge of aiding and abetting third-degree murder to each of their cases.
Now, the DOJ wants to indict Chauvin on federal civil rights violations over both Floyd’s death and a 2017 incident where he knelt on a black 14-year-old boy’s neck for nearly 17 minutes.
Kueng, Lane and Thao would only be indicted over Floyd’s death.
A knee on the neck of a 14-year-old for 17 minutes. What a vicious, racist brute – right? Lost is the fact that the Minneapolis police listed that hold in its recommended ways to subdue resistant offenders (it has since been removed from the manual, post-Floyd). Lost also are these other facts, which I would consider salient [emphasis mine]:
Prosecutors detail the Sept. 4, 2017, arrest in the court filing, saying Chauvin and another officer named Wells responded to a domestic assault call in which the mom said she’d been assaulted by her son and daughter.
After 33 seconds of talking to the boy, telling him he was being arrested, both officers grabbed him and when he resisted, Chauvin hit him with a flashlight twice, at which point the boy called out for his mom and said they were hurting him, prosecutors say.
Chauvin then asked the other officer to Taser the boy, but he didn’t have one, so Chauvin applied a neck restraint that caused the boy to lose consciousness and go to the ground, prosecutors said. The officers handcuffed him behind his back while Chauvin knelt on him for about 17 minutes until after paramedics arrived and they put him in an ambulance.
During the time Chauvin’s knee was on his back, the boy – whose ear was bleeding – repeatedly told officers he couldn’t breathe and asked to be placed on his back, which didn’t happen, prosecutors said.
Another thing that didn’t happen was that being in that position for 17 minutes didn’t seem to physically harm the 14-year-old at all, much less kill him.
More, this time about what happened in some of the early stages of Chauvin’s recently-concluded trial, when the prosecution tried to introduce that incident with the 14-year-old, as well as other incidents in which Chauvin had used neck restraints, into evidence (the judge refused to allow the evidence) [emphasis mine]:
Chauvin’s attorney Eric Nelson responded to the state’s motion [to introduce video of the incident with the 14-year-old], arguing the video shouldn’t be admissible because the force Chauvin used in the 2017 arrest was in line with the department’s policy on dealing with uncooperative suspects, adding that Chauvin’s use of force was “reported to supervisors and cleared.”
“The state makes a point of noting that the suspect was rolled onto his stomach and cuffed while Mr. Chauvin used his knee and body weight to pin the suspect to the floor. As noted previously, this is how MPD officers are trained to handcuff individuals — particularly suspects who are resisting,” Nelson wrote, adding that there is “no marked similarity” between this incident and the Floyd incident.
The Minneapolis Police Department has since changed its use of force policy. In June, after Floyd’s death, it banned chokeholds and neck restraints.
I also looked at the court document filed by Nelson in Chauvin’s trial. It turns out there were eight incidents in which Chauvin used some form of neck restraint to subdue suspects, and it makes for very interesting reading if you want to learn the sort of thing police officers often encounter in the course of their jobs. In the document, the arrest of the 14-year-old is labeled “Incident 6”:
In each of the above incidents, as shown supra, Mr. Chauvin used takedown and restraint techniques taught and approved by the MPD. His “modus operandi” was simply that of a Minneapolis Police officer performing his duties and reacting as the circumstances, in which he was present and where the State’s attorneys were not, dictated. The State’s attempt to characterize these incidents as evidence of some kind of ill intent or common scheme of violence that is somehow unique to Chauvin is specious, at best. Finally, in each of the above incidents, the State attempts to characterize Mr. Chauvin’s use of force as “unreasonable” or “beyond what was needed.” Mr. Chauvin reported his use of force to the department in each of the above incidents,and in every single one, it was determined by a supervisor that Mr. Chauvin’s use of force was reasonable in the circumstances and authorized by law and MPD Policy. In essence, to the extent that his use of force was at all questioned — of which the State has offered no evidence — Mr. Chauvin was “acquitted” by MPD supervisors of applying force in a manner that was either unreasonable or unauthorized.
What appears to be happening here – and this is really not news – is that more or less normal and approved police behavior has been criminalized in light of changing political winds, and that criminalization will be applied ex post facto. The police are being continually stripped of the right to defend either themselves or others – and that includes the “others” who call them for help against violent attackers.
But we also can assume that, had the police not intervened and another attack occurred, that would probably be considered actionable as well.
Oh, and one more thing – that unnamed 14-year-old? He is described as having been 6’2″ and having weighed 240 at the time of his arrest by Chauvin. That’s more or less the size of George Floyd, who is reported to have been 6’6″ in life and 6’4″ at autopsy, weighing 223 pounds; and Michael Brown, who at 18 (when he was shot by Officer Wilson) is reported to have been 6’4″ and to have weighed 292 pounds.
The fact that the arrestee in “Incident 6” was 14 years old makes him sound like a small child, which he most definitely was not. In contrast, Derek Chauvin is 5’9″ and weighs 140. Having an officer of relatively diminutive stature (or a female officer who might not only be of small stature but of weaker upper body musculature) is obviously a potential problem in each encounter with a resistant suspect.
Not having seen the video of Chauvin’s encounter with the 14-year-old juvenile, I can’t even offer an opinion about whether his use of force was appropriate or not, except to note that it was cleared by his department – and to add that, had he not restrained this assailant and had the mother or anyone else been assaulted while Chauvin was there, I have little doubt there would be a hue and cry about that.
