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Crime DOJ weighs charging Chauvin for 2017 incident involving Black teen: Source

18:15  23 april  2021
18:15  23 april  2021 Source:   abcnews.go.com

EXPLAINER: Why is 'excited delirium' cited at Chauvin trial?

  EXPLAINER: Why is 'excited delirium' cited at Chauvin trial? MINNEAPOLIS (AP) — The attorney for the former Minneapolis police officer on trial in George Floyd ’s death revisited the disputed concept of excited delirium Tuesday in an effort to show that the force Derek Chauvin used was objectively reasonable given Floyd's resistance. Chauvin, 45, who is white, is charged with murder and manslaughter. Floyd, a 46-year-old Black man, was arrested outside a neighborhood market on May 25, accused of trying to pass a counterfeit $20 bill. A panicky-sounding Floyd struggled and claimed to be claustrophobic as police tried to put him in a squad car.

Late last year, as a team of Minnesota state prosecutors was preparing for the trial that would ultimately convict former Minneapolis police officer Derek Chauvin of murdering George Floyd, they received a series of videos depicting Chauvin's handling of another case three years earlier that by their own description shocked them.

The videos, from Sept. 4, 2017, allegedly showed Chauvin striking a Black teenager in the head so hard that the boy needed stitches, then allegedly holding the boy down with his knee for nearly 17 minutes, and allegedly ignoring complaints from the boy that he couldn't breathe.

EXPLAINER: Ex-officer on trial for Floyd death won't testify

  EXPLAINER: Ex-officer on trial for Floyd death won't testify MINNEAPOLIS (AP) — The former Minneapolis police officer charged with murder in George Floyd’s death said Thursday that he won't testify in his own defense, invoking his right to remain silent and leave the burden of proof on the state. It was a high-stakes decision. Taking the stand could have helped humanize Derek Chauvin to jurors who haven't heard from him directly at trial, but it could also have opened him up to a devastating cross-examination.

"Those videos show a far more violent and forceful treatment of this child than Chauvin describes in his report" of the incident, one of the state prosecutors, Matthew Frank, wrote in a court filing at the time.

Now, the U.S. Justice Department may do something that state prosecutors never did: charge Chauvin for the 2017 incident.

Two months ago, federal prosecutors in Minneapolis brought witnesses before a federal grand jury to provide testimony related to the incident, the Minneapolis Star-Tribune reported at the time. And this week, a source informed of the probe told ABC News that the investigation is still underway, with the Justice Department still weighing whether to bring federal charges against Chauvin for both the 2017 incident and George Floyd's death.

EXPLAINER: How is 'reasonableness' key to Chauvin's defense?

  EXPLAINER: How is 'reasonableness' key to Chauvin's defense? CHICAGO (AP) — Attorneys and witnesses have used the words “reasonable” or “unreasonable” often at the trial of the former Minneapolis police officer charged with murder and manslaughter in George Floyd's death. It's no coincidence. The concept of reasonableness has been crucial at trials of officers ever since the landmark Graham v. Connor ruling 32 years ago by the U.S. Supreme Court. Here is a look at the issue and the key role it's likely toIt's no coincidence. The concept of reasonableness has been crucial at trials of officers ever since the landmark Graham v. Connor ruling 32 years ago by the U.S. Supreme Court.

MORE: Derek Chauvin found guilty on all counts in death of George Floyd

Officials at the Minneapolis Police Department (MPD) were recently briefed on the federal government's interest in the 2017 incident, a move that came before the Justice Department this week launched a sweeping investigation of MPD's policing practices, ABC News was told.

"We will assist the DOJ with anything that they need, and the chief has pledged full cooperation with any investigating agency," MPD spokesman John Elder said, speaking generally of any requests made related to police conduct.

Months before the start of the trial against Chauvin, which culminated in Tuesday's conviction, state prosecutors wanted to describe the 2017 incident to the jury to show a pattern in Chauvin's conduct, but the judge presiding over the case refused to let prosecutors bring it up.

Nevertheless, in court documents filed before the judge's final ruling on the matter, Frank said videos of the incident captured by body-worn cameras "show Chauvin's use of unreasonable force towards this child and complete disdain for his well-being."

EXPLAINER: Chauvin jurors must disregard defendant's silence

  EXPLAINER: Chauvin jurors must disregard defendant's silence MINNEAPOLIS (AP) — Jurors at the murder trial of the former Minneapolis police officer accused in George Floyd’s death were told Monday that his choice to remain silent cannot affect their decision. Derek Chauvin on Thursday said he would not to testify in his own defense, invoking his right to remain silent and leave the burden of proof on the state. It was a high-stakes decision. Taking the stand could have helped humanize Chauvin to jurors who didn't heard from him directly at trial, but it could also have opened him up to a devastating cross-examination.

MORE: Here's how Derek Chauvin could try to get verdict overturned on appeal

According to Frank's account of the incident, Chauvin and another Minneapolis police officer were dispatched to a home where a woman claimed she had been attacked by her 14-year-old son and young daughter.

After officers entered the home and spoke to the woman, they ordered the son to lie on the ground, but he refused. Within seconds, Chauvin hit the teenager with his flashlight, grabbed the teenager's throat, hit him again with the flashlight, and then "applied a neck restraint, causing the child to lose consciousness and go to the ground," according to Frank's account of the videos, detailed in a filing seeking permission to raise the incident during trial.

a man wearing a suit and tie: Former Minneapolis police officer Derek Chauvin stands with Defense attorney Eric Nelson, left, after the verdict was read at the conclusion of his trial in the death of George Floyd, April 20 2021, at the Hennepin County Courthouse in Minneapolis. © Court TV via ABC News Former Minneapolis police officer Derek Chauvin stands with Defense attorney Eric Nelson, left, after the verdict was read at the conclusion of his trial in the death of George Floyd, April 20 2021, at the Hennepin County Courthouse in Minneapolis.

"Chauvin and [the other officer] placed [the teenager] in the prone position and handcuffed him behind his back while the teenager's mother pleaded with them not to kill her son and told her son to stop resisting," Frank wrote, noting that at one point the teenager's ear began bleeding. "About a minute after going to the ground, the child began repeatedly telling the officers that he could not breathe, and his mother told Chauvin to take his knee off her son."

Derek Chauvin jury reaches verdict in George Floyd's death: Live updates

  Derek Chauvin jury reaches verdict in George Floyd's death: Live updates The jury has reached a verdict in the trial of Derek Chauvin, the former police officer charged with the murder of George Floyd last May. © AP In this image from video, former Minneapolis police Officer Derek Chauvin listens as his defense attorney Eric Nelson gives closing arguments as Hennepin County Judge Peter Cahill preside Monday, April 19, 2021, in the trial of Chauvin at the Hennepin County Courthouse in Minneapolis. The verdict will be read between 3:30 and 4 p.m. CT, according to the court. Chauvin was at the courthouse with his attorney.

a man wearing a suit and tie talking on a cell phone © Court TV via ABC News

About eight minutes in, Chauvin moved his knee to the teenager's upper back and left it there for nine more minutes, according to Frank.

Eventually, Chauvin told the teenager he was under arrest for domestic assault and obstruction with force. The two officers then helped the teenager to an ambulance, which took him to a hospital to receive stitches, Frank wrote.

MORE: DOJ to probe if excessive force, 'unlawful policing' used in Minneapolis

In his court filing, Frank said Chauvin's handling of the 14-year-old boy mirrored Chauvin's actions with Floyd, when Chauvin pinned Floyd's neck under his knee for more than eight minutes after responding to a call at a convenience store where Floyd allegedly used a counterfeit $20 bill.

"As was true with the conduct with George Floyd, Chauvin rapidly escalated his use of force for a relatively minor offense," Frank wrote. "Just like with Floyd, Chauvin used an unreasonable amount of force without regard for the need for that level of force or the victim's well-being. Just like with Floyd, when the child was slow to comply with Chauvin and [the other officer's] instructions, Chauvin grabbed the child by the throat, forced him to the ground in the prone position, and placed his knee on the child's neck with so much force that the child began to cry out in pain and tell Chauvin he could not breathe."

Jury's swift verdict for Chauvin in Floyd death: Guilty

  Jury's swift verdict for Chauvin in Floyd death: Guilty MINNEAPOLIS (AP) — After three weeks of testimony, the trial of the former police officer charged with killing George Floyd ended swiftly: barely more than a day of jury deliberations, then just minutes for the verdicts to be read — guilty, guilty and guilty — and Derek Chauvin was handcuffed and taken away to prison. Chauvin, 45, could be sent to prison for decades when he is sentenced in about two months a case that triggered worldwide protests, violence and a furious reexamination of racism and policing in the U.S.The verdict set off jubilation mixed with sorrow across the city and around the nation.

Last year, as Chauvin pressed his knee into Floyd's neck, Floyd repeatedly pleaded, "I can't breathe."

a man jumping in the air: People raise their fists and hold a portrait of George Floyd during a rally following the guilty verdict the trial of Derek Chauvin, April 20, 2021, in Atlanta. © Elijah Nouvelage/AFP via Getty Images People raise their fists and hold a portrait of George Floyd during a rally following the guilty verdict the trial of Derek Chauvin, April 20, 2021, in Atlanta.

But Chauvin's defense attorney Eric Nelson disputed such comparisons, insisting, "[T]here is no marked similarity between [the 2017 incident] and the George Floyd incident."

In his own court filing objecting to the prosecution team's efforts, Nelson insisted that during the 2017 incident Chauvin acted according to MPD policy by using a neck restraint against someone "actively resisting" arrest, which MPD policy at the time allowed officers to do, Nelson wrote.

In addition, Nelson noted, "a mother had been physically assaulted by her children," and when Chauvin's use of force was reported to supervisors, it was "cleared."

"It was reasonable and authorized under the law as well as MPD policy," Nelson said.

MORE: Police officials respond to guilty verdict in Derek Chauvin trial

The judge presiding over the case agreed with Nelson that the jury should not hear about the 2017 incident, so prosecutors were blocked from bringing it up during Chauvin's trial.

Three other officers who were with Chauvin at the scene last year when Floyd died have been charged with aiding and abetting Chauvin's fatal actions. They are scheduled to stand trial in August.

A Justice Department spokesperson declined to comment when contacted by ABC News.

On Wednesday, U.S. Attorney General Merrick Garland announced that the Justice Department was launching a civil investigation -- not a criminal probe -- to determine if the Minneapolis Police Department "engages in a pattern or practice of unconstitutional or unlawful policing," including whether Minneapolis police routinely use excessive force and engage in discriminatory conduct.

The wide-ranging civil investigation "is separate from and independent of the federal criminal investigation into the death of George Floyd that the Justice Department has previously announced," Garland said.

Nelson did not immediately respond to an email seeking comment from ABC News.

ABC News' Matthew Stone contributed to this report.

Key moments in closing arguments of Chauvin trial .
MINNEAPOLIS (AP) — After nearly three weeks of testimony including heart-wrenching bystander statements and technical medical information, attorneys in Derek Chauvin's murder trial presented their closing arguments. Prosecutors played to emotion as they sketched moments from George Floyd’s life and described his struggle under Chauvin's knee. Defense attorney Eric Nelson tried to raise doubts about Floyd’s cause of death, and to portray Chauvin as a “reasonable officer.” Jurors deliberated for little more than a day before proclaiming Chauvin guilty of second-degree murder, third-degree murder and second-degree manslaughter.

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