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Derek Chauvin’s name is inextricably linked with the wave of protests that rocked the United States in mid-2020 over the death of George Floyd.
His face traveled the world when it appeared in the video which showed the African American’s last minutes of life.
Chauvin was the policeman who for over nine minutes he kept his knee on Floyd’s neckWhile lying on the floor, he repeats: “I can’t breathe anymore”.
This Monday began the trial against expolica for the events of May 25, 2020. charged with second degree murder (intentional) and second degree murder. Three other officers will be tried later this year in the same case.
After Floyd’s death, Chauvin was kicked out of the Minneapolis Police Department and was arrested and placed in a maximum security prison. In October, he was released on bail on $ 1 million bail.
In the state of Minnesota, the position of second degree murder demands that the prosecutor prove that Chauvin intended to kill Floyd or that he killed him while committing another crime.
Regarding the accusation of second degree murderMinnesota law includes it for someone who negligently causes the death of another person by creating unreasonable danger and knowingly risking death or serious bodily harm.
The prosecution also wants to add the crime of third degree murder, which punishes those who without intention to kill commit acts dangerous to others who show a “depraved spirit, without respect for human life”.
Lots of complaints, few punishments
Derek Chauvin, 44, worked in the Minneapolis Police Department for nearly two decades.
In this time, at least 15 investigations have been opened, according to information from the Department of Internal Affairs of this police force.
However, only two cases had consequences: received two letters of reprimand.
In theory, closing cases without sanctions indicates that the complaints could not be proven.
While the number of 15 complaints may seem high, Maria Haberfeld, who works on police training and discipline at the City University of New York School of Law, noted that it was not that high.
The average number of complaints filed against Chauvin is equivalent to less than one per year, a figure that is not unusual in the case of police officers who are dedicated to patrolling the streets, according to the expert explained a few months ago to The New York Times.
His work in a nightclub
Alongside his job as a police officer, Chauvin worked for years in the security team at El New rodeo in Minneapolis, a place where George Floyd was also employed, although it is not known if they have ever met.
According to Maya Santamara, the former owner of the premises, to the Star Tribune newspaper a few months ago, Chauvin worked there almost every weekend, parking his police car in front of the premises and helping security guards with problematic customers.
Before becoming a police officer, Chauvin worked twice for a few months as a military police officer for the United States Army.
The ex-cop married Kellie in June 2010. A few days after George Floyd’s death the woman has started divorce proceedings.
In the divorce petition, it was stated that the couple did not have children in common and owned two homes, one in Oakdale, Minnesota, and the other in Windermere, Florida.
What are the keys to the verdict?
The video of George Floyd’s death has sparked anger in the United States and other countries, but having Chauvin convicted will be another matter.
The first problem is the fees. To convict him of second degree murder, jurors must determine that Chauvin had committed or was attempting to commit a crime that caused Floyd’s death.
Second degree murder implies that Chauvin knowingly risked death or injury as a result of his negligent acts.
The defense is expected to point out that Floyd had health problems or used drugs as probable cause of his death, although the judge has already indicated that the prosecution need only demonstrate that Chauvin’s actions were a “substantial causal factor”.
The defense will also argue that Chauvin was authorized to use force in his role as a police officer, in an attempt to undermine the charge that he was attempting to commit a serious crime.
The prosecution will rely on the video evidence, which is strong and shows the time Floyd was pressed on the neck while those in attendance are pleading for him.
Also present evidence of Chauvin’s actions in other cases. These include a case in which the officer immobilized a woman by placing her knee on her neck.
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