Post by purr on Apr 14, 2021 17:28:41 GMT
What really happened during George Floyd's arrest?
Short of Chauvin taking the stand and fully explaining his actions and state of mind during the arrest of mr. Floyd to the jury's satisfaction, is there an interpretation of the evidence, the videorecord, expert and eye witness testimony that points to acquittal? The defense team is already fighting this great and terrible fight, with their client's reputation, life (...yes....think it through...) and freedom in the balance, for real in the courtroom. Godbless youguys!
Now here's my personal take on the arrest of Floyd and his death while in police custody. It did not start when Chauvin applied a knee restraint to George Floyd's neck and upper back. It began, as we learn from Floyd's girlfriend Courteney Ross' testimony, as he sat in the car parked across from Cup Foods with a "supplier" or drugs dealer just prior to entering that store with the fake $20 for sigs in an 'altered state of mind' or 'high' or 'appearing to have used something'. Floyd with a history of having OD'ed (getting hospitalized) before, of "struggling" with addiction has left the meeting with a drugsdealer and gone shopping as a potentially harmful/deadly dosis of fentanyl is being carried into his bloodstream.
How do we know George Floyd has imbued a potentially deadly dosage of drugs? Because Medical Examiner Andrew Baker alludes to a hypothetical stating that IF Floyd had been found deceased at home with doors closed his finding would have been Cause of Death = Fentanyl OD.
And it's Floyd leaving the store with his sigarettes crossing the intersection back to the vehicle with his waiting 'supplier' and one more passenger. He gets in, closing the door without succumbing to Claustrophobia (he will claim this disorder coming on acutely minutes later in Kuen and Lane's police car). Called by the Cup Foods staff, officers Kuen and Lane approach him as he still sits behind the wheel, high on fentanyl (and maybe increasingly so?), and begin questioning / instructing him to show hands and exit car. These are 10 minutes worth of Kuen and Lane attempting to talk to and take in a suspect of passing counterfeit/shoplifting, but getting a weird and mostly non-compliant response. Floyd states he "can't breathe" due to the early (and worsening) stages of fentanyl induced hypoxia/insufficient oxygen supply to the body tissues. He expresses feelings of acute claustrophobia and fear of getting shot and dying, as well as resisting attempts to talk him down and sit him in the back of the police car. Kuen and Lane ARE TALKING TO THE FENTANYL, and come what may 'Floyd is not that kind of guy' etc. etc. in short this suspect is not coming quietly or, at all. At the end of the delay, lasting nearly ten minutes, Kuen and Lane have attracted onlookers, folks heckling police (voicing increasing concern/indignation over Floyd's subdual and restraint) and appearing to move in.
Chauvin with partner Thao arrives, sees two fellow officers stymied by Floyd's antics and as senior officer takes charge. Floyd is still refusing to be placed inside a police vehicle and requests to be put on the ground.
It is time to get real on Chauvin's state of mind, his use of a knee restraint and use of force overall. I don't know for sure because I cannot look into a man's heart. But I read all the transcripts, every bit of reporting and commentary I could access and as much of the vids as possible, plus playing repeats and frame by frame where relevant, stuff available to the whole world provided you can use a computer, the internet and in my case Google Search. Imo from the evidence a picture emerges. Just this afternoon I watched the 'latest' youtube, police bodycam video of a previous arrest of George Floyd, now introduced by the Defense, presumably intended to show Floyd's non compliance with police constitutes a pattern of behavior over time. Is Floyd resisting because he resents the police, or because his drug addiction makes him act crazy, or a bit of both?
Chauvin arrives at the application of the knee restraint on a proned out George Floyd by processing Lane and Kuen's apparent inability to control Floyd while standing or directed into a sitting position. This ah.. sitshow could go on for a hour, still no joy except they might be all frolicking at the center of a riot. Solve the problem. We hear Floyd asking to be placed on the ground. Police already believes an irrational, strong, resisting suspect 'has used something'. Officer Chauvin moves with Floyd, placing him belly down on the ground and engaging his continued wiggling and talking by attempting to immobilize and calm him down with a knee restraint. Consistent with such intent, Kuen and Lane assisted by exerting simultaneous downward pressure on Floyd's torso and legs.
How do we know Chauvin's knee wasn't applied with the intent to cause injury or to kill? Because prosecution witness and Use Of Force expert Sergeant Stiger attests to the knee restraint's potential to cause positional asphyxia/suffocation, noting specifically her video analysis indicated Chauvin applied the same force throughout. I'm already on record in thread saying much the same, based on my involvement in the martial arts, that this downward pin is very dangerous and potentially incapacitating (read: resulting in loss of consciousness/death) in short order. If Chauvin indeed had born down with great force, he would have violently suffocated George Floyd and probably left distinctive marks of asphyxia related injuries in neck and throat area. Medical Examiner Andrew Baker reports finding no petachea or ligature marks in Floyd's neck and furthermore states he didn't believe the neck compression could have restricted air or bloodflow to the brain. I submit to you, all reading with an open mind, that had Derek Chauvin been applying a powerful knee restraint to Floyd's neck with the same injurous, deadly force throughout some nine minutes ME Baker would have found some outward clear signs of violent asphyxia. But the ME found none, leading him to believe Floyd's level of neck compression HAD NOT RESTRICTED AIR OR BLOOD FLOW.
Meaning that officer Chauvin was intentionally dialing down the downward pressure, applying just enough force to keep Floyd pinned down until, hopefully, he calmed down and would allow being moved to the station. A carefully limited amount of force as applied with the knee restraint points to a whole new set of problems: Chauvin had to diagnose and address a suspect's level of intoxication, his neurological and psychiatric condition, as well as find a way to modify his behavior so he could carry out the arrest and ensure the suspect's, his fellow officers' and own safety. Tall order for a police officer who is not an MD. Putting George Floyd on the ground as he asked, FOR BETTER OR WORSE, may have seemed like a good idea at the time in Derek Chauvin's mind.
Chauvin may have tried on the basis of his incomplete understanding of Floyds severe and deteriorating intoxication, to attempt to use the knee restraint to immobilize and create a kind of time-out, calm the guy down, move him outta there. As senior arresting officer charged with a duty of care he must be held accountable for failing to keep George Floyd safe and alive. HOWEVER the finding of the ME of a lack of signs of violent asphyxia, and of air and blood flow not having been impeded by the extensive police restraint, makes it likely that Chauvin limited and controlled the force applied on George Floyd's neck and upper back, which in turn opens to the possibility that Chauvin did not intend to injure or kill, but rather intended to avoid Floyd as well as the arresting officers coming to harm. Allowing for the special formulation of Minnesota law on murder and manslaughter I might add that forensic evidence that Chauvin was limiting the force applied also militates against 'disregard for life' / demonstrating a Depraved Mind. As it happens I am an exceedingly simple person and having made a compelling argument against harmful intention on Derek Chauvin's part I'd expect absence of malice to immunize him from the lesser manslaughter charge as well. (On condition I got it right and the Jury reasoning along approximately the same lines.)
And on 'simplicity', if you look at the facts of the case and sequence of events for Floyd's arrest NO GENIUS NEEDED to understand the bearing Floyd's drug addiction (and getting high on fentanyl prior to the arrest) had on all that transpired. Why did he have to pay with a counterfeit 20, and get reported to police, unless it was because he spent his real money on buying the fentanyl first? Why did the senior Chauvin have to render assistance to first responders Kuen & Lane, unless it was because he had had "too many drugs" causing the non-compliant, increasingly hypoxic "I CAN'T BREATHE" 10 minute delay in Kuen/Lane taking him along to the police station. And why didn't Chauvin, obviously under the glare of countless cameras, show the kind of furtive behavior in keeping with a guy committing MURDER ONE realizing EVERYBODY IS RECORDING. We see Chauvin keeping Floyd under his knee restraint while looking directly (...YA'ALL GO U-TUBE YO'SELF WHY DON'TYA..!) at the filming public. This police officer, right or wrong, in his mind believed he was doing his job just right! In dividing his attention between loud/nearby onlookers and George Floyd he may have missed some signs of distress. Near the end of the fateful nine minutes of police restraint on Floyd a officer Lane checks but cannot find a pulse. Not convinced, Chauvin continues pinning Floyd down, perhaps thinking Floyd had now changed tactics to 'playing dead'. Then arriving paramedics Bravinder and Smith check too and detect no heartbeat and immediately on being notified officer Chauvin shifts his weight off Floyd quickly, followed by stepping away and roughly helping the paramedics move an unresponsive Floyd onto a gurney and into an ambulance. Like member Plutronus aptly observed, this officer seems to be making a couple of terrible mistakes in a row. He missed/failed to appreciate Floyd losing consciousness. He did not trust Lane's negative pulse check. HE MISSED THE BIGGER PICTURE OF FLOYD OD'ING WHILE THE ARREST WENT ON.
None of the above warrants charging officer Derek Michael Chauvin with murder or manslaughter, whatever the degree.
With this I'm done, a mere layperson bringing everything together to share my opinion, my sense of it all, that Chauvin wasn't a murderer. Yet a suspect died in his custody so he should answer for that. In fairness, in order to have a shot at saving George Floyd's life that day, the responding officers needed to have had medical expertise at a level they were not trained for. IMHO THEY DID THE BEST THEY COULD.
Final thought. I find Chauvin's law enforcement colleagues' support for a team mate in legal jeopardy underwhelming, why so quiet? Chief of MPD Arradondo (hope I didn't misspell) as well as other high ranking officers' testimony I'd characterize as deficient in loyalty, disingenuous in their disavowal, best described as the American expression goes 'throwing one under a bus'. Disgusting...
But that's just me, I hope I haven't ranted or rambled purr