Safe to Call it Murder
I had a dream last night about George Floyd. He was at Cup Foods and speaking fairly clearly to cops about his fear of being put in a police car. The police were also calm and used common sense to figure out that the $20 bill likely wasn’t a fake, and even if it was, this was a tiny infraction. In my dream, the Minneapolis police treated George Floyd as if he were a white man in an affluent neighborhood — it was like all of the police interactions I have ever witnessed personally.
My dream version had the cops letting Mr. Floyd wait outside, by the front of the store while they talked to the management — he agreed to stay there, and he did. Only two officers were present, and Derek Chauvin was never called to the scene in my version. They gave Mr. Floyd the benefit of the doubt as they have always done with me, as they have always done with my white friends, and George Floyd had a tiny bit of glow and was very much alive.
I am a trained attorney, a legal professional — and one thing we are taught to do is never draw assumptions unless you can prove them. I have made a point since the Derek Chauvin murder trial began to wait and see what the defense would present that might mitigate the charges and provide more context about what these officers were thinking.
After seeing just three days of evidence and testimony from the prosecution, I know now from a legal standpoint there is no new explanation that would explain the cold and calculated moves of former officer Chauvin. The defense has no place to go — no reasonable person would have put a knee on the neck of a man for 9 minutes and 29 seconds, continuously employing a technique to dig his knee in further.
Everyone can clearly see from the video what the officer’s intent was. The defense has done nothing so far to show me they have a strategy involving a legal premise or evidence that would exculpate Derek Chauvin. Knowing that Chauvin is guilty from a legal standpoint this early on is not the only thing I know now — I also know, in my opinion, Derek Chauvin is guilty of First Degree Murder.
I understand why the prosecution didn’t charge the case fully because the risk of Chauvin getting off completely was too great. In Arizona, they allow lesser included charges to be levied with the highest charge so that the jury can choose the level of egregiousness, so going after first-degree murder does not risk a conviction on the second or third-degree or even manslaughter. Minnesota should change its law.
I have now sat through three full days of testimony, and it is pretty difficult to watch the events being revisited by the witnesses, some of whom are still children. Yesterday a 61-year-old gentleman, with a Third Grade education, testified about what he saw and it was wrenching (see video above). Imagine being an older Black man in this country, living through what he must have, and then seeing something right in front of him that shows how little we’ve progressed as a country and as human beings. My heart broke a little for him.
I have now watched the life slowly drain from George Floyd’s body from so many different vantage points, and the only thing new this is showing me is the number of trained professionals who had the chance to step in and do the right thing but didn't. I’m also livid about the store manager forcing his young employee to go outside twice to confront a man who was much larger than he was with a threat of $20 coming out of his paycheck, but that is another article for another day.
Today I’m going to watch the Chauvin trial proceedings for the fourth day — I am compelled to do that. I love watching courtroom proceedings, and I often say I would be fine to sit through a day of traffic court because the courtroom and the process itself make me feel content. That is likely because I grew up watching my mom prosecute big cases, and later when she was elected as a judge, I would go with her to the courthouse all day and sit in the courtroom and watch all of it.
I remember thinking to myself how lucky so many defendants were to have their case in front of such a thoughtful and compassionate judge, who understood human foibles and their true cost. In one instance, I got to watch my mother award the full custody of a woman’s children back to her after authorities had taken them away.
The woman spent nearly two years getting clean, learning about her addiction, and appearing periodically in front of my mom so that each step of her rehabilitation could be recorded. She looked no different than any other suburban, white mother. Had you seen her that day with her children, you would have assumed she was just happy and crying because her kids were returning from summer camp or a long trip. She and her children could have been any of us.
My mom told me afterward in her chambers after we were both fixing the mascara we had cried off, that this is the reason you never give up on people. If only someone like that — with authority over the police — had been present to help George Floyd that day. If only I could have been there to help George Floyd that day.
I keep thinking, “if only,” and I have imagined how I would try to handle it a million times, and each time, Mr. Floyd is finally treated with the basic human dignity he deserved, even if he had to be detained or questioned. If only someone with authority were present every day to help every person of color in this country with law enforcement interactions. If only we didn’t still need to wish for that.
Amee Vanderpool writes the SHERO Newsletter and is an attorney, published author, contributor to newspapers and magazines, and analyst for BBC Radio. She can be reached at avanderpool@gmail.com or follow her on Twitter at @mamasreallyrule.
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I feel like you’ve been sitting next to me watching. Beware of post traumatic stress disorder. I believe it is infecting everyone in the court room, even the judge whose irritation is clear in this voice. And it is seeping into the souls of all of us watching from the sidelines, giving the sensation that we are there on the sidewalk in Minneapolis.
I’m concerned about the jurors being able to continue to watch these videos and keep it together long enough at the end of this to participate in the process and render a decision.
Those who witnessed it in real time need immediate treatment, perhaps EMDR would be effective for them. I am particularly worried about DF and the former cashier. Both young folks appear to be feeling great about not being able to resolve the situation and save this man’s life.
The off-duty fire fighter, Ms Hansen, is also plagued by what if’s. Her tough, all business exterior is belied by the level of upset we experienced as her testimony concluded.
We have watched a murder take place over and over again. I agree that it is first-degree murder. Chauvin had a plan to extinguish the light from this man and leave him in the street. You can see it in his face as he wordlessly and unemotionally pushes his knee deeper into Floyd’s neck, apparently in response to the crowd telling him to stop and take a pulse.
The prosecution charged carefully: all of them are doing a masterful job at putting on an unassailable case and they didn’t want to screw it up by overcharging and risking one person on the jury who couldn’t see beyond the uniform and let a killer go free.
But Sis, let go of the pipe dream that either you or I could have intervened in any meaningful way. Those boys dishonor and disrespect older white women as much as they do people of color.
Look how they treated the younger one who had what we don’t, certificates in life-saving, EMT training and years of experience as a fire- fighter. She was scorned and turned away with rancor. Thanks to EX there is a war on us now: we don’t get to complain about or customer service, so forget about having a voice that has an opinion about cops committing murder.
They were cruising to escalate this from the start. One of the bastards pulled a gun and tapped it on the window of Floyd’s car as they first approached it. Like a vicious dog, they had blood in their mouths and were thirsty for more.
They would have taken ours gladly and sought notches on the sticks they hide in their lockers back at the cop shop.
You work on getting Minnesota to change its charging practices and allow a jury full reign. I will work on getting Minneapolis to immediately infuse their hiring, training and other employment processes with personality and stress testing before they allow anyone into the police academy or continue work on a police force. We are witnessing the results of four big hiring mistakes.
Much of this can be flushed out by proper psychological evaluation before hiring, during their tenure and at retirement. The latter is critical to assure that they are getting treatment for any lingering issues relating to what they see and experience regularly on the job that may impact their health and safety and their families’. I know police work well and personally. It is not easy or gentle on the heart, mind or soul.
Cops see the dregs of us every day. They put themselves in danger every day. The number of domestic violence incidents have escalated during the pandemic: those are the riskiest types of scenes for cops to encounter. They walk into the middle of violent, addictive dysfunctional relationships and become the focus of everyone’s sickness. Sometimes they die.
The risk-reward quotient of the job is often way out of balance. The shift work changes upset their circadian rhythms and threaten their physical, mental and emotional health. Seeing the worst of human nature changes their brains and how they perceive conflict. Without treatment, it can cause anxiety and depression and strain personal relationships. Look at police work related suicide and divorce rates for the results.
Even great cops have a bum rap, as they get painted with the same brush deserved only by the dregs in the profession.
And there’s scant thanks for a job well done.
This is why only the ones suited for police work should be allowed to do it. We need to reconsider exactly what it is we expect them to do and engage others to do what is not police work.
Thank you, Amee for this astute analysis of the defense strategy. I appreciate your legal expertise. Do you see anything different about this case that gives you hope justice will be served? We have observed so many previous cases of what appeared to be police misconduct, that resulted in acquittal. I have hope that Chauvin is convicted, but am prepared for more of the same. It’s heartbreaking to watch the trial!