George Floyd

** Updated

The world has been saying his name. George Floyd.

A jury of Floyd’s peers found Minneapolis police officer Derek Chauvin guilty on all three charges in the death of George Floyd – second and third-degree murder and second-degree manslaughter. The jury returned a verdict in less than a day, approximately 10 hours, without asking any questions of the judge. Chauvin, who had been out on bail was immediately taken into custody by a court sheriff. By approximately 5pm, Chauvin was transferred to the Minnesota Correctional Facility-Oak Park Heights, 25 miles east of downtown Minneapolis. Sentencing should take place in 6-10 weeks. An appeal is expected.

Crowds locally went from near-silence in the moments before the verdict to tears and shouts of “Say his name – George Floyd” as the verdict spread through thousands gathered outside the court and at the vigil where Floyd died. Thousands of police and National Guard were standing by in the city. The Guard carried unloaded rifles. Minneapolis is under a “peace” order and schools are closed for the rest of the week.

Peaceful marches and demonstrations occurred throughout the community and the country. In New York, groups chanted, “Whose streets? Our streets.”

Floyd’s father, who watched the verdict on television spontaneously said, “I just miss him so much, but right now I am so happy”.

The Sentencing

He could face decades – over 40 years – in prison at his sentencing there is precedent for a minimum sentence as a first offender. If so, his sentence could be as short as 12.5 years. Each count will have a sentence, but the sentences would be served concurrently, not consecutively. His lawyers are also likely to appeal the verdict. Other officers involved face a trial at the end of the summer.

**Update – Discussion about Appeal – Attorneys and legal experts are discussing the appeal process and what items may trigger the court granting an appeal. Chauvin’s lawyers have 60 days to detail reasons for an appeal. Some issues that attorneys are mentioning: the decision to hold the trial in the city; not sequestering the jury at the beginning; the public announcement of the city’s $20Million settlement with the Floyd family just prior to the trial start and while jury selection was in process; media coverage and protests over a fatal police shooting in the city at the end of trial; U.S. Rep. Maxine Waters who flew into the city over the weekend and urged protesters “to get more confrontational” if Chauvin was found not guilty (with one juror living in the city neighborhood); and the judge’s comments that Waters action might very well give the defense fodder to overturn the case on appeal. Attorney Alan Dershowitz has said that Waters used KKK techniques to influence the jury and he was confident that the case will be overturned on appeal – “[the jury was] “subjected to intimidation tactics, not only by Waters but by others as well, who threatened violence in the event of an acquittal or a lesser charge than murder.” Other legal experts warn President Biden’s continuous comments also come with weight and force of the U.S. presidency, and have the capacity to taint a jury.

Joseph Friedberg, a Minnesota criminal defense attorney, said an appeals court would not overturn a conviction because of media coverage or emotional protests. John Baker, assistant professor of criminal justice at St. Cloud State University, said publicity around the city’s settlement with Floyd’s family was also unlikely to affect Chauvin’s conviction.

Local Reaction:

Gov. McKee & Lt. Gov. Matos: “While today’s verdict will never bring back George Floyd, whose life was tragically taken, it reaffirms a fundamental tenant of our country — that no one is above the law. Our thoughts are with the Floyd family and the people of Minnesota. Justice was served today, but we have a lot of work to do to put a stop to police brutality, root out systemic racism, and build a more equitable state and nation.”

Providence Mayor Jorge Elorza: “The jury has confirmed what millions had witnessed — the cold-blooded murder of George Floyd by a police officer who was sworn to protect him,” said Mayor Jorge O. Elorza. “While I hope this verdict gives the Floyd family some peace, justice will not bring George back. We cannot rest until we address the centuries of racial injustices and social inequities that brought us to this moment. Tonight, we will again mourn the loss of George Floyd and so many others and tomorrow we will recommit to this work so that we do not lose another person to racial violence.”

Rhode Island Police Chiefs’ Association: “Justice was served this afternoon in a Minneapolis courtroom when a jury rightly convicted Derek Chauvin for murdering George Floyd nearly a year ago. “Our thoughts are with the Floyd family. The verdict is a sign that there is accountability for those who take the life of another, and an affirmation that Black Lives Matter. “On behalf of every police chief in Rhode Island, we wish to reiterate that we stand with Black Americans today and every day. Every decent man and woman who wears a badge is committed to doing the essential work of ensuring equity in policing and confronting systemic racism that has plagued our nation for too long.” Note: With RI Foundation funding, all police members will undergo implicit bias and de-escalation training by the end of 2020.

Ray Rickman, long time Civil Rights advocate and co-founder of Stages of Freedom: “In the United States Constitution the men gathered wrote that Black people (slaves) were only 3/5 of a person.  It was added to strengthen the slave holding class against the northern state and the struggle for justice has raged ever since. Yesterday, in a groundbreaking decision, a jury found Derek Chauvin guilty on all three counts of murdering George Floyd – in the light of day with 25 or more witnesses, and with the aid of other police officers.  Only 1 out of 2,000 police officers are ever convicted for killing a Black person. Tears came to my eyes because I saw some light on the road toward having a society in which deadly police officers get jailed for extremely evil acts like the killing of George Floyd in. It was wonderful to hear from President Biden and his promise to act against these forms of violence against Black and other people of color.”

Jim Vincent, NAACP – Providence: “There’s no celebration. There’s no victory. Because we cannot bring George back. However, at least it seems like justice in this case was done,” said Jim Vincent with NAACP Providence. “I don’t think this itself sets a precedent. I think it’s a step in the right direction.” – “America was on trial,” he said. “Either we are a multicultural democracy or we’re not. If we’re not, let’s just admit that we’re not. I think as you see more police officers being held accountable for crimes that they commit as opposed to of getting off, over time you might see some officers behaving differently. But I don’t think it’s going to be changed overnight.”

Brother Gary Dantzler – Black Lives Matter, RI: “I am relieved and happy that the justice system held Derek Chauvin accountable today. But this is not justice. Police have been brutalizing African Americans and people of color for hundreds of years. Today was a reflection of their negligence. While I am optimistic that this is the beginning of real change, I have personally experienced police brutality as a Black man in America. My heart is hurting. Economically, spiritually, and emotionally, we are all hurting. We must come together to honor George Floyd and all the others that have lost their life at the hands of police by working together to support the community.”

Harrison Tuttle, Black Lives Matter, RI PAC: – “No verdict will ease the pain of the Floyd family, but a guilty verdict is a step in the right direction. We have a long way to go before the U.S. justice system comes close to something we can call ‘justice’. We won’t rest and we won’t be silent until justice is finally, actually, served.”

President Biden & Vice President Harris held a brief news conference. From the official White House statement: “It’s a trauma on top of the fear so many people of color live with every day when they go to sleep at night and pray for the safety of themselves and their loved ones. Again — as we saw in this trial, from the fellow police officers who testified — most men and women who wear the badge serve their communities honorably. But those few who fail to meet that standard must be held accountable. And they were today; one was. No one should be above the law. And today’s verdict sends that message. (cont: https://bit.ly/3n7qMa3 ) – Both Biden and Harris seek passage of the George Floyd Justice in Policing Act.