The answer hinges on Derek Chauvin’s state of mind as he kneeled on Floyd’s neck for nearly nine minutes.
Derek Chauvin, the former Minneapolis police officer who was arrested on Friday in connection with the death of George Floyd, faces two charges as a result of that incident: third-degree murder and second-degree manslaughter. Floyd’s family argues that Chauvin should have been charged with first-degree murder. The distinction hinges on Chauvin’s state of mind as he pinned Floyd to the ground with a knee on his neck, which he continued to do even as Floyd complained that he could not breathe, even after Floyd stopped speaking or moving, and even after another officer reported that he could not detect a pulse.
The May 25 incident, which sparked protests across the country, began when someone called 911 to report that a man had used a counterfeit $20 bill for a purchase at Cup Foods, a restaurant on Chicago Avenue. Shortly after 8 p.m., Officers Thomas Lane and J. A. Kueng arrived at the restaurant, where employees reported that the customer who had made the purchase was sitting in a car parked nearby on 38th Street. Lane and Kueng found Floyd sitting in the driver’s seat and ordered him, then pulled him, out of the car. According to the criminal complaint against Chauvin, which is based largely on body camera video of the incident, Floyd « actively resisted being handcuffed » but « once handcuffed…became compliant and walked with Officer Lane to the sidewalk and sat on the ground at Officer Lane’s direction. »
The complaint says Lane asked for Floyd’s name and identification, asked if he was « on anything, » and informed him that he was under arrest for passing a counterfeit bill, a misdemeanor when the offense involves merchandise worth no more than $1,000. When Lane and Kueng stood Floyd up and tried to walk him toward their squad car, the complaint says, he « stiffened up, fell to the ground, and told the officers he was claustrophobic. » At this point Chauvin and Officer Tou Thoa arrived at the scene in a separate squad car.
According to the complaint, the officers repeatedly tried to get Floyd into Lane and Kueng’s car. The complaint says Floyd « did not voluntarily get in the car and struggled with the officers by intentionally falling down, saying he was not going in the car, and refusing to stand still. » While standing outside the car, Floyd « began saying and repeating that he could not breathe. » About five minutes after Lane and Kueng intially tried to put Floyd in their car, Chauvin pulled Floyd « out of the passenger side of the squad car. » Floyd « went to the ground face down and still handcuffed. » As Kueng held Floyd’s back and Lane held his legs, Chauvin « placed his left knee in the area of Mr. Floyd’s head and neck. »
Chauvin kept his knee on Floyd’s neck for nearly nine minutes. « I can’t breathe, » Floyd repeatedly said. « Please, » he pleaded more than once. « Mama, » he cried out. CNN legal analyst Elie Honig, a former state and federal prosecutor, notes that Floyd also can be heard saying « don’t kill me » and « I’m about to die » in video of the incident, although the complaint omits those statements.
