#BREAKING: Officer Derek Chauvin has been taken into custody by state authorities, Public Safety Commissioner John Harrington says.
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Judge Orders ONE Trial for All 4 George Floyd Murder Case Cops
A Washington County (Minnesota) judge has rejected a divorce settlement filed by Derek Chauvin’s estranged wife due to the possibility of fraud.
Days after Derek was officially charged with manslaughter and the murder of George Floyd, Kellie Chauvin filed for divorce on May 31. However, divorce attorneys have looked into the paperwork and claimed it may have been a ploy to protect their assets against lawsuits in civil court as reported by Star Tribune. Judge Juanita Freeman wrote in her ruling back in October that a “court has a duty to ensure that marriage dissolution agreements are fair and equitable. One badge of fraud is a party’s transfer of ‘substantially all’ of his or her assets.”
Attorney Marc Beyer stated due to the timing of the divorce filing, the court can suspect that there could be a possibility of fraud but it is still speculation.
“This is just speculation, but it’s possible that the [agreement] was intentionally drafted to get assets out of Chauvin’s name in anticipation of a civil judgment against him from the estate of George Floyd.
3rd-Degree Murder Charge Dismissed Against Derek Chauvin, Ex-officer in George Floyd Case
A Minnesota judge who is overseeing the trial of the four former Minneapolis police officers who were involved in the killing of George Floyd has ruled today that all four men will stand trial together. The legal case would also, in fact, remain in Minneapolis.
Hennepin County District Judge Peter A. Cahill decided on the trial after the officers’ legal teams requested they undergo separate trials months earlier in September at a hearing. The lawyers representing — Derek Chauvin, Tou Thao, J. Alexander Kueng, and Thomas Lane — argued that their clients might get a fairer trial if they were done separately outside of Hennepin County, according to @foxnews and @apnews
Defense lawyers also argued that because of the high-profile case, witnesses could be intimidated, along with jurors. Also, lawyers argued that the former officers should face separate trials due to each officer trying to diminish each other’s character by finger-pointing.
George Floyd’s Killer Derek Chauvin Posts $1M Bond and Leaves Prison
A judge has dismissed a lesser murder charge against former Minneapolis police officer Derek Chauvin in the death of George Floyd.
Chauvin was charged with 3rd-degree murder after he was captured on video in May pressing his knee on the neck of Floyd for almost 10 minutes before he died.
On Thursday, Hennepin County Judge Peter Cahill said prosecutors did not have probable cause to charge Chauvin with third-degree murder, which is a crime committed without premeditation or intent to kill. The judge said the evidence supports taking a second-degree murder charge to trial. If convicted, it could lead to decades in prison.
Here’s more from MSN.com:
Cahill also upheld a manslaughter charge against Chauvin and all six charges against three other officers who were a part of Floyd’s arrest team. Thomas Lane, J. Alexander Kueng and Tou Thao. Kueng and Lane helped restrain Floyd, Cahill noted, while Thao kept bystanders at bay.
In his ruling, Cahill said a third-degree murder charge was appropriate in cases in which a defendant’s actions were “eminently dangerous to other persons” and were not specifically targeted at the person who died.
In August, Chauvin’s attorney filed a motion in court stating there was no probable cause to support the murder and second-degree manslaughter charges. The documentation claimed the fentanyl in George Floyd’s system caused his death instead of the prolonged pressure from Chauvin kneeling on his neck for 8 minutes. Additionally, it stated several pre-existing conditions contributed to his death, the Daily Mail reported.
‘If [Mr. Floyd] was found dead at home alone and no other apparent causes, it would have been acceptable to label his death an overdose.”
“The evidence presented by the State does not indicate that Chauvin’s actions were eminently dangerous to anyone other than Floyd,” Cahill wrote in his ruling this week.
Minnesota Attorney General Keith Ellison reacted to the ruling, stating “The court’s decision to dismiss just one of the lesser charges against just one of the defendants — while leaving intact all the charges against the other three defendants — is based on how appellate courts have interpreted the statute in question,” Ellison said in a statement.
“We are considering our options in light of the court’s strong order on the remaining charges,” he added.
All four former cops are awaiting trial set for March 8, 2021. It is expected that they will be acquitted.
We’ve just been informed that Derek Chauvin, the now ex-Minneapolis cop who was charged with murder in the death of George Floyd, has posted bond and has been released from prison.
As has been widely reported, Chauvin is charged with second-degree murder, third-degree murder and second-degree manslaughter in Floyd’s death after video shot by a teenager showed him with his knee on Floyd’s neck for over nine minutes, reports KARE11.
Three other former MPD officers are also charged with aiding and abetting in the death, which ignited protests and cries for racial justice locally, nationally and globally.
Back in June, Chauvin’s bail was set at $1.25 million or $1 million with conditions. Court records show he posted non-cash bond of $1 million on Wednesday, Oct. 7.
Chauvin is bailing out today and is no longer at Oak Park Heights prison, but it is unclear whether he is still in Hennepin county custody.
Chauvin was transferred to that prison from jail only a few days after Floyd’s death. Department of Corrections Commissioner Paul Schnell said at that time that Chauvin was transferred both for safety reasons, and because of COVID-19 concerns.
Chauvin’s trial, and those of the other officers, as of now is scheduled to start in March 2021. The judge in the case, Peter Cahill, is expected to make a decision about whether the trial will be moved out of Hennepin County by Oct. 15.
The $1 million conditional bail requires Chauvin to appear for all future court appearances, not to work in a security capacity and to have no firearms or firearms permit. It also bars Chauvin from leaving the state and from having any contact with Floyd’s family, reports KARE11.
Minneapolis police officer Derek Chauvin is charged with murder in George Floyd's death
Derek Chauvin, the former Minneapolis police officer accused of killing George Floyd, has requested a judge dismiss the murder charges as prosecutors push for longer prison sentences.
On Friday, an attorney for Chauvin filed a motion in court that argued there was no probable cause to support the second-degree murder, third-degree murder and second-degree manslaughter charges pinned to his client.
The motion claimed that Floyd's death was caused drugs in his system, not Chauvin pressing his knee into Floyd's neck for an extended period.
The filing also argued that pre-existing conditions like sickle cell trait, heart disease and COVID-19 could have exacerbated the the drugs.
Chauvin, 44, was first charged in June after Floyd, a 46-year-old unarmed black man, died while in police custody on Memorial Day in Minneapolis, Minnesota.
Footage taken by witnesses showed Chauvin kneeling on Floyd's neck for eight minutes and 46 seconds while he pleaded 'I can't breathe!'
Officers J. Alexander Kueng, Thomas Kiernan and Tou Thao were at the scene during the incident. They assisted in restraining Floyd.
Floyd eventually lost consciousness and was transported to a local hospital before he died.
Cell phone footage of the disturbing detainment was shared to social media and directly inspired a wave of anti-police brutality, Black Lives Matter protests that have continued for more than 10 weeks.
Chauvin was slapped with murder charges, while the three other officers were charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter.
All four officers were fired from their positions at the Minneapolis Police Department.
The initial toxicology report from the Hennepin County Medical Examiner said Floyd had 11 nanograms of fentanyl in his blood at the time and that may have contributed to his death.
But a second autopsy commissioned by the Floyd family reported that he died from mechanical asphyxiation due to Chauvin kneeling on his airway.
The difference in autopsy reports, as well as discussions between prosecutors and the examiner in June, is what the motion hinges on.
Dr. Andrew Baker had previously told prosecutors that the level of fentanyl of Floyd's system would be enough to categorize his death as an overdose.
'If [Mr. Floyd] were found dead at home alone and no other apparent causes, it would have been acceptable to label his death an overdose,' the motion said, reports WSJ.
While Chauvin knelt on Floyd's neck, former officers J. Alexander Kueng and Thomas Kiernan helped restrain him
The motion also declared that Chauvin had assumed Floyd was simply resisting arrest and did not realize he could not breathe - despite Floyd saying so several times.
'What Mr. Chauvin saw was a strong man struggling mightily with police officers, which seemed contradictory to Mr. Floyd’s claims about not being able to breathe,' it said.
'Mr. Chauvin could not have known about Mr. Floyd’s underlying issues when he arrived on the scene.'
Additionally, Chauvin's attorney cited Dr. Baker's remarks that he had found no physical evidence of asphyxiation with Floyd.
He instead listed the death was 'cardiopulmonary arrest complicating law-enforcement subdual, restraint, and neck compression.'
The defendants added to the motion that the medical examiner found no bruising on Floyd's back or neck, which they argued showed Chauvin had not meant to harm the father-of-five.
The three other officers previously filed motions to dismiss their charges.
Additionally, Chuavin asked for the Hennepin County Attorney's Office to be removed from the case over what his legal team deemed 'an inappropriate, pretrial publicity campaign.'
Ben Crump, a lawyer representing the Floyd family, called Friday's motion 'a desperate attempt with charlatan tactics.'
'The whole world saw what happened, and that video speaks for itself,' he wrote in a statement to WSJ.
All four men are currently scheduled to stand trial on March 8, 2021, in Hennepin County and none of the charges have yet to be altered.
It has not been decided if the four men will be tried together, but state attorneys filed a motion to do just that two weeks ago.
They argued that all factors needed to conduct a joinder trial were met.
Prosecutors on Friday notified the courts of their intentions to seek upward sentencing departures, or longer prison sentences, for each man.
Attorney General Keith Ellison’s office filed the motion, Star Tribune reports, and listed five reasons as to why the men's sentences should be expanded.
Pictured: Demonstrators march during a protest against racial inequality in the aftermath of the death in Minneapolis police custody of George Floyd in New York City
First, Floyd was 'particularly vulnerable' because he was handcuffed while pinned to the ground during the incident.
'Mr. Floyd was treated with particular cruelty,' wrote Assistant Attorney General Matthew Frank and Special Attorney for the State Neal Katyal as a second point.
Despite pleas from both Floyd and concerned bystanders, the four officers continued to detain him.
'This maneuver inflicted gratuitous pain on Mr. Floyd,' the filing stated.
The officers abusing their position of authority, the fact that the incident happened in front of children and the four men acted as a group were also listed as reasons.
If convicted, Chauvin could face up to up to 40 years in prison for the second-degree murder charge.
UPDATE: Ex-cop (Derek Chauvin) Charged with Murder, Manslaughter in George Floyd’s Death
Minneapolis police officer Derek Chauvin has been charged with George Floyd's murder as it's revealed the disgraced cop had knelt on his neck for nearly three minutes after he lost consciousness.
Hennepin County Attorney Mike Freeman announced Chauvin was taken into custody by state investigators on Friday afternoon and was charged with third-degree murder and manslaughter following nationwide protests and riots demanding the white officer's arrest.
The charges come a day after prosecutors had warned there was 'evidence that did not support criminal charges' in the case, saying they needed to prove Chauvin had used 'excessive' force on Floyd.
A criminal complaint on Friday shed light on the moments leading up to Floyd's death, revealing he was 'non-responsive' for almost three minutes before Chavin released him from under his knee.
It notes police officers are trained that this amount of time of restraint on a suspect in that position is in 'inherently dangerous.'
However, a preliminary autopsy did not find evidence of 'traumatic asphyxia or strangulation' and found Floyd may have died from being restrained as well as from underlying health conditions.
George Floyd, a 46-year-old black man, died on Memorial Day as he was arrested by four police officers over allegedly trying to buy cigarettes with a counterfeit $20 bill. He was seen in a video pleading that he couldn't breathe as white officer Derek Chauvin pressed his knee against his neck
Protests broke out outside a home owned by fired officer Derek Chavin in Windermere, Florida on Friday
Protesters held up signs reading 'Black Lives Matter' and 'Justice for George Floyd' outside Chauvin's home in Florida
This comes the same day Chauvin has been charged with George Floyd's murder as it's revealed the disgraced cop had knelt on his neck for nearly three minutes after he lost consciousness
George Floyd: Surveillance Video Shows Events Leading Up to His Arrest/He Shows NO Resistance
At a press conference on Friday, Mike Freeman, county attorney for Hennepin County, Minnesota confirmed that former Minneapolis police office Derek Chauvin had been arrested and charged with 3rd-degree murder of George Floyd. Chauvin was seen pressing his knee on the neck of Floyd for almost 10 minutes before he died.
The other 3 officers who were a part of the arrest team with Chauvin, are still under investigation, but no charges have yet been filed.
Freeman says this is the fastest they’ve ever charged a cop. He stated that it normally takes 9 months to investigate.
Interestingly, he wouldn’t say if the 3 nights of disturbances accelerated the arrest in any way.
And in case you’re wondering … 3rd-degree murder is a crime committed without premeditation or intent to kill.
After 3 nights of unrest, it has finally happened.
Derek Chauvin, the former Minneapolis police officer who was seen in viral videos with his knee on the now-deceased George Floyd, has reportedly been taken into state custody.
Floyd is the African American male suspect who was arrested by local police on Memorial Day and died in their custody.
#BREAKING: Officer Derek Chauvin has been taken into custody by state authorities, Public Safety Commissioner John Harrington says.
Handcuffed Man Dies after Minneapolis Police Officer Pins him to the Ground by his Neck
We’ve got some surveillance footage of George Floyd prior to him being pinned to the ground by a totally insensitive police officer’s knee, rendering him unresponsive and ultimately dying.
The footage, from a nearby restaurant called Dragon Wok at 38th Street and Chicago Avenue, captured the initial moments of George’s run-in with Minneapolis police on a camera set up outside, reports TMZ.
The video shows police encountering Floyd who is cooperative and is led away in cuffs
Specifically, the video shows 2 vehicles parked curbside, and eventually, 2 officers approach one of the cars and tells everyone to exit. A man and a woman emerge from the passenger side, while Floyd is taken out by another officer on the driver side … seemingly struggling at first.
The cops then proceed to lead him over to the sidewalk where they sit him down. We don’t see any signs of him resisting the rest of the way.
Another police officer eventually arrived, and George was walked across the street and off-camera. He was not being led by the officer who was eventually seen with his knee on George’s neck.
A viral video later surfaced showing a white officer, who was identified as Derek Chauvin, kneeling on Floyd’s neck while Floyd pleaded, “Please, please, I can’t breathe.” After several minutes, Floyd became unresponsive. He was taken to Hennepin County Medical Center, where he was pronounced dead.
Chauvin and three other officers involved in Floyd’s death were fired on Tuesday.
It’s important to recall that the police version of the story is that they were responding to a call of possible forgery. A Dragon Wok employee says George had attempted to pay with a $10 bill they suspected was counterfeit and, due to company policy, reported it to police.
The surveillance video was released by Dragon Wok’s owner Rashad West, who says he wanted to put it out for his community.
Two Minneapolis police officers are on paid administrative leave pending an investigation into disturbing video that shows one of them pinning a black suspect to the ground, before the man appears to suffocate and pass out. He later died at the hospital.