Re: Death of George Floyd and Subsequent Riots.
Originally Posted by
Cope
There is currently little evidence (other than the secondary autopsy) that Chauvin's hold either choked or asphyxiated Floyd. The initial post mortem did not find any notable injuries to the head or neck area, indicating that the force Chauvin exerted was not excessive. For this reason, it is unlikely that the neck restraint was uniquely responsible for the triggering of Floyd's cardiopulmonary incident. Chauvin's problem is that he maintained the hold after Floyd had stopped "actively resisting" (including after Floyd's cardiac arrest). This was an unambiguous violation of the guidelines.
I wonder if, as you suggested, Chauvin's hold didn't choke or asphyxiate Floyd - and, at the same time, Floyd mistakenly believed that he was being choked? Judy Melinek (the forensic pathologist I quoted before, who wasn't involved in the investigation) wrote that:
Looking at a longer, unedited bystander video posted on Facebook, the first thing I notice is that Floyd's voice sounds gravelly, and he repeatedly says, "I can't breathe." EMS and police are sometimes trained that anyone who says "I can't breathe" is lying -- because if you can speak, you can breathe. This is not true, and there are many reasons why people might say "I can't breathe" and still be in medical distress. These reasons include increasing fatigue of respiratory muscles; blockage of pulmonary blood flow; incomplete airway obstruction; and acidosis, a buildup of acid in the blood which triggers an increased breathing rate and causes the sensation of shortness of breath.
We know what the MPD policy said and what the autopsy report said - Floyd probably didn't know the first and couldn't have known the second. He knew that Chauvin's knee was on his kneck. If he was in medical distress, he could have believed that he couldn't breath, even if he was mistaken. If Floyd believed that he was likely to die if the officer didn't remove his knee, and the officer wasn't removing his knee, then I imagine Floyd's heart would have gone faster and faster - and we know he had a heart condition. Did his belief that he was in extreme danger cause him to be terrified, putting too much pressure on his heart, leading to his death?
Originally Posted by
Cope
Even so, proving intent on Chauvin's part will be difficult - which is why the murder charge is likely to be dismissed. On the other hand, Chauvin's misuse of the neck restraint will add weight to the prosecution's attempts to show that Floyd's death was the consequence of the unreasonable risks taken by Chauvin.
I wonder how easy it is for an officer to judge whether their knee on someone's neck is stopping the person from breathing properly or not, especially in an unpredictable and stressful situation such as when they're physically restraining someone. That's why it seems odd to me that such restraints were allowed after Eric Garner's death (even for trained officer in a limited number of situations).