In spite of the global reaction to George Floyd’s death there is as yet no evidence that his death was anything to do with racism or racial discrimination.
The Police were called when George tried to use a forged $20 bill to buy cigarettes. Police Officers arriving at the scene found George in a car outside the shop premises with two accomplices.
They arrested George and put him in handcuffs. They then walked him to their car where they were joined by Derek Chauvin and another Officer to help with the arrest.
It is reported that George did “actively resist arrest” as defined in level 2 of the Escalation Pyramid, and the well publicised videos show Derek Chauvin using the prescribed method to restrain and subdue George as described in the MPD guide. The other Officer(s) kneeling on George’s chest/back will have to justify their own actions in a similar way.
The Minneapolis Police Department Guide
5-311 of the MPD Guide states:
Definitions
Choke Hold – Deadly force option. Defined as applying direct pressure on a person’s trachea or airway ( front of the neck ) blocking or obstructing the airway
Neck Restraint – Non-deadly force option. Defined as compressing one or both sides of a person’s neck with an arm or leg, without applying direct pressure to the trachea or airway (front of the neck)
Conscious Neck Restraint – The subject is placed in a neck restraint with intent to control, and not to render the subject unconscious, by only applying light to moderate pressure.
Unconscious Neck Restraint – The subject is placed in a neck restraint with the intention of rendering the person unconscious by applying adequate pressure.
Procedures
A. The Conscious Neck Restraint may be used against a subject who is actively resisting.
B. The Unconscious Neck Restraint shall only be applied in the following circumstances:
1. On a subject who is exhibiting active aggression, or;
2. For life saving purposes, or;
3. On a subject who is exhibiting active resistance in order to gain control of the subject and if lesser attempts at control have been or would be likely to be ineffective.
C. Neck restraints shall not be used against subjects who are passively resisting as defined by policy,
The Escalation / De-escalation Pyramid
The three lowest levels of the Escalation Pyramid are :
Level 1 – does not allow any force. It applies where the suspect is “Obedient, compliant and non-aggressive”
Level 2 – allows moderate or limited force, such as physical control holds or OC spray. This applies where the suspect is “Resisting and non-compliant”
Level 3 of the Pyramid applies when the suspect is being physically aggressive and allows electronic weapons, ASP and baton – these are not relevant with regard to George Floyd’s death.
The Autopsy Report:
The Autopsy report on George is public record and reveals a number of issues which could have caused or contributed to George’s death:
He had serious heart disease and narrowed arteries with several 75% blocked and one 90% blocked. His heart was 48% larger than it should have been as a result of pumping against such resistance. These factors alone could have caused George’s death.
He was a smoker, which would have contributed to his heart disease and affected his lungs.
He had various drugs in his blood stream – the opioid fentanyl at concentrations sufficient to kill a normal person, methamphetamine and THC – the component of marijuana producing the high.
Regular users of fentanyl develop a resistance to the drug over time and so can tolerate higher concentrations in the blood than normal people.
There were no physical signs of traumatic asphyxia found such as bruising to the neck.
Cause of Death and Culpability
None of these factors is conclusive in determining the cause of death or the culpability of Derek Chauvin and the other Officers.
Derek Chauvin knew George and would have been aware that he had long criminal record and had a known association with gang members. His most serious offence was the aggravated robbery of a lone pregnant woman in her home with 5 other accomplices. George used a gun and the woman was pistol whipped. He was sentenced to 5 years in prison for that offence.
George was also clearly high on drugs at the time of his arrest and potentially unpredictable. These circumstances would have been taken into account in deciding on the appropriate action to take in order to arrest George as safely as possible.
At around the time that Derek Chauvin arrived on the scene George became panicked and said that he suffered from claustrophobia. It is reported that he said he could not breathe while still standing by the squad car. He also collapsed to the ground as if fainting.
One of the Officers was concerned about the possibility of “Excited Delirium” which is when suspects become aggressive and incoherent, and gain superhuman strength after taking cocaine or methamphetamine. This may have been why Chauvin felt it best to keep him on the ground.
Although Goerge’s death has been seized upon by Black Activists for their own ends it is wrong to jump to conclusions. As independent thinkers we need to wait for the Court case to see all of the evidence presented and cross examined, and a verdict reached. That and only that will determine whether George’s death was lawful or unlawful and we can then draw our own conclusions.