The Facts Speak on George Floyd

  • 99% of the public will not watch these videos

  • We rely on professional “journalists” to tell us what’s going on

    • In MSM, journalists are all but extinct. Examples within.

    • Even a real journalist doesn’t know what they’re looking at

  • This is what happened, the facts, the evidence

    • I will make it clear when I am adding my own thoughts on this

    • My job is to give context because I actually know what these cops are doing, how this works, and the legal standards by which they are bound

Sections of show:

  • Timeline

  • Officer Backgrounds

  • Autopsy

  • What it means and, maybe more importantly, what it doesn’t. 

Lane video:

 Initial contact:

Washington Post describes it this way: “In Lane’s video, the officer pulls a gun on Floyd within 15 seconds of encountering him in a parked vehicle, without announcing who he is or what he is investigating.”

What really happened:

  • Walks up, taps window, waits for Floyd to see him in uniform. 

  • “Show me your hands”

  • Floyd does not show hands but leans forward and looks down with hands where officer can’t see so officer Lane draws. 

  • Floyd opens door and puts hands on steering wheel. Lane holsters and Floyd continues to say please don’t shoot me. 

  • Clearly not acting normal

Lane: woman on sidewalk 

  • lane: “is he drunk is he on something?”

  • Woman: “He got a thing goin on. He got problems all the time.”

  • Gets her name. Renee Hill. Explains why they’re detained. 

Meanwhile: KUENG VIDEO

  • 0400: tells Floyd to take a seat: “I will man. Thank you mr officers. Yes sir I will...” then starts crying.

  • 0457: “do you know why we’re here?” “Why?” Explains he was accused of passing a fake bill. “Yeah.” “Do you understand that?” “Yes”

Back to LANE VIDEO timeline:

Lane: assists other officer

  • lane: “are you on something man!”

  • Officer: “cuz you were acting a little erratic.”

At cruiser: 

  • Keung: “stand up, stop falling down”

  • Floyd is hyped and making a scene 

  • Says he claustrophobic, asks lane to crack window, lane says he will

  • “Take a seat”

  • “I am. I’m going to. I’m not that kinda guy.”

    • Again, hyped, paranoid, not listening to commands

  • “I’m claustrophobic. I have anxiety.”

  • “I’m scared as fuck man.” 0850

  • “Let me count to three I’m goin in. I’m not tryna win.”

Professional Opinion here: 

  • I understand their thinking he may be faking, but this does seem like a situation where you could make an accommodation for him.

Video:

  • “I’ll get on the ground, anything man.” 

    • Seems like he may be having an anxiety attack.

  • I can’t breath. 0945,…. More than a minute before he’s even on the ground. He pops out passenger side: 

  • “I wanna” or “ima lay on the ground”

  • 1015: citizen says “you gonna have a heart attack get in the car”

  • Floyd: “I can’t breath. I can’t breath.”

  • 1055: on the ground

Officers start game planning, briefing backups on what happened. 

  • whole time he’s saying “momma I love you, I can’t believe this, I can’t breath.”

  • Officers: “relax, you’re talking fine, breath.” 

  • 1330: lane “he’s gotta be on something.”

  • 1335: GF “please, the knee in my neck.”

  • 1347: found weed pipe, “might be pcp or something”

    • They can all tell he’s on an upper. He’s clearly manic. 

  • 1437: “I cannot breath” A little more deliberate here.  

  • 1526: He seems to be crashing. LANE: “roll him on his side?” Officer next to him says no. Lane will be acquitted. 

  • 1531: LANE: “I just worry about the delirium of whatever.” KNG: “that’s why we have the ambulance coming” (they went to the wrong place first)

    • Floyd goes eerily quiet right after this statement  

What is EXCITED DELIRIUM?

Excited (or agitated) delirium is characterized by agitation, aggression, acute distress and sudden death, often in the pre-hospital care setting. It is typically associated with the use of drugs that alter dopamine processing, hyperthermia, and, most notably, sometimes with death of the affected person in the custody of law enforcement. Subjects typically die from cardiopulmonary arrest, although the cause is debated. Unfortunately an adequate treatment plan has yet to be established, in part due to the fact that most patients die before hospital arrival.  

Washington Post’s Journalisming Again: 

“The attorney has argued that Lane, who had been on the force for less than a week, showed an effort to intervene by twice asking Chauvin if they should shift Floyd’s body as they held him to the ground, citing concerns about “excited delirium,”.... But the video depicts no urgency in Lane’s voice as he makes the suggestion.”

  • In other words: here’s a fact, but here is what you should think

  • Wow, so being calm under pressure is now a bad thing for a cop, nice. The bias is so clear. All for the cause! 

Back to Video: 

  • Woman: “Is he talking now? Look at him!!”

  • 1627: lane seems uncomfortable. GF hips come off ground as if he’s still struggling to get up.

  • 1650: LANE: “he’s breathin”. Kueng: “yeah he’s breathin.”

  • 1630 on Kueng’s: “yeah I think he’s passed out.”

  • Citizens are getting really upset, yelling “he’s not moving, he’s not breathing, check his pulse!!!”

  • 1738: Kueng: “I can’t find one”. 

    • Chauvin I think says: “Huh?” 

    • Kueng: “I tried to check his pulse.”

    • Kueng continues to appear to check his pulse several more times until ambulance arrives. 

  • 1830: ofc lane reaches down and grabs leg above ankle. Feeling for pulse, warmth, something. 

MEDICS ARRIVE:

  • 1915: LANE TO MEDICS: “he’s not responsive right now you guys might wanna...” point toward GF’s head. 

  • 1920: medic checks pulse and walks off. 

  • 2020: LANE gets into ambulance. Chauvin looks concerned. 

  • 2215: LANE to medic: “we were just, basically restraining him until you guys got here.”

  • 2220: medic: “do cpr”

Coverage: 

  • They didn’t transport him

  • They didn’t treat him

  • They took 3 mins to start CPR:

    • This one is at least true, but if you WATCH THE VIDEO!! you will see that they are clearly doing their best to quickly get him in the ambulance and start treatment.  

Back to Video:

  • 2520: machine starts and lane begins holding his chin up. 

2910: lane gets out of ambulance and into fire truck.

Professional Insights on bodycam vid:

Caveats:

  • Not justifying officers’ actions. I’m explaining what they’re trained to do, where they erred and where they didn’t. 

  • If you have not had to take someone into custody on fentanyl and meth who also has mental illnesses and is a career criminal,   maybe you should listen to someone who has. 

  • Lane’s approach and initial contact, all the way to the cruiser was totally normal. 

    • Very textbook. He’s new. 4th day on job (assuming out of FTO)

  • Keung’s interaction is similarly normal, professional. 

    • He’s using a wrist lock to move an uncooperative subject as thought in the academy. 

    • This is by the book. He’s IN FTO (Chauvin is his training officer)

  • People see Floyd’s very dramatic behavior and blame the cops: 

    • “Please don’t shoot me” well after Lane had holstered. 

    • his crying,  

    • his grimacing “ouchy”, 

    • his pleading, "I love you momma”

  • He was doing these things from the start, when the officers were simply talking to him and asking questions. GF was, from the very beginning:

    • Agitated

    • Loud

    • Paranoid

    • Manic

  • Professional Cop opinion from dealing with hundreds of people like this:

    • Floyd was mentally ill and unstable

    • On drugs:

      • 11 ng/mL of fentanyl in his system

      • Meth

      • The officers immediately started asking him what he was on.

All good until this point:

  • Forcing him into the cruiser was the first real issue I see.

    • This is standard procedure, but they seemed to not realize how seriously afraid he was of being put into a car. (Note: he was just in a car) 

    • Hindsight says they could have just sat him on the curb, although there are good reasons to put him in the car. 

  • Then holding him in that position for so long. 

    • 6 minutes before things get really bad: 1055 (on ground) - 1650 (he’s still breathing)

    • Not ok, dangerous, but did not seem malicious. 

    • They were trying to calm him and he was talking most of the time. 

    • Should have repositioned once he had calmed.

  • By 1738, he’s out and Keung can’t find pulse: 1 min 40 secs he’s not responding (1735 - 1915)

    • They should have taken action. No excuse for Chauvin here. He’s a 19 year veteran and knows better.

      • Keung is following his trainer’s guidance.

      • Lane suggests moving him and even says he’s worried about excited delirium.

      • Thao is scene security, although more seasoned

      • I called this from the beginning. There is a veteran and the others will defer 99% of the time.

      • This was the 1% where I wish Lane, Keung or Thao had had the guts to override the veterans decision but I understand why they didn’t. 

https://www.google.com/amp/s/www.wsj.com/amp/articles/the-other-police-officers-charged-in-george-floyds-killing-11593439962

Where is this going?

Officers: 

Derek Chauvin, 44

  • charges: 3rd murder, 2nd manslaughter, now 2nd murder

  • Army MP bet

  • 19 year veteran officer

  • 18 prior complaints

  • Two recommendations for medal of valor.

J. Alexander Kueng, 26

  • between Chauvin and lane 

  • Third shift on with department

  • Chauvin was his acting training officer

  • He’s getting acquitted  

Thomas Lane, 37

  • aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter

  • On the job for four days!! 

  • Resume: Lane listed that he helps Somali youth in the Cedar Riverside neighborhood with their homework and tutors them in science and math activities. 

Tou Thao, 34

  • cop for 8 years

  • 6 complaints, no punishment

  • Scene security during the incident 

Charges on Chauvin:

- 609.205 MANSLAUGHTER IN THE SECOND DEGREE.

A person who causes the death of another (1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another;  is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:

This is clearly winnable.

- 609.195 MURDER IN THE THIRD DEGREE.

  1. Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years.

Issues proving:

  • causation: what do the autopsies say?

  • Depraved mind: I think you can argue that pretty well considering his lack of action in response to no pulse.  

Second part would apply to whomever Floyd booth the drugs from, but no one want to talk about that: 

(b) Whoever, without intent to cause death, proximately causes the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule I or II, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $40,000, or both.

- 609.19 MURDER IN THE SECOND DEGREE.

Subdivision 1.Intentional murder; drive-by shootings. Whoever does either of the following is guilty of murder in the second degree and may be sentenced to imprisonment for not more than 40 years:

  1. causes the death of a human being with intent to effect the death of that person or another, but without premeditation; or

Proving intent isn’t realistic. Not a chance. 

- Subd. 2.Unintentional murders. Whoever does either of the following is guilty of unintentional murder in the second degree and may be sentenced to imprisonment for not more than 40 years:

  1. causes the death of a human being, without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting;

Must prove officer committed felony assault.

  • This is not the spirit of the law

  • It will also be hard to prove given the autopsy

  • They are legally allowed to use force, so the prosecution has to show Chauvin illegally committed felony assault.

Autopsy “See for Yourself”

Family:

  • The family’s autopsy is not independent and severely hindered by the damage done by the first, independent one. 

  • They don’t have all the organs

  • What they do have is severally damaged by the first one

  • If you’ve ever watched one, you know what I’m talking about. Slice and dice. 

Official, Independent Autopsy:

  • Results: “Hennepin County Medical Examiner issued a press release, and subsequent to that, the full autopsy report, which indicated that the cause of death was "cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression," and that the manner of death was homicide  (humans were involved/contributed).  They listed arteriosclerotic and hypertensive heart disease, fentanyl intoxication, and recent methamphetamine use as other significant conditions contributing to death.https://www.medpagetoday.com/blogs/working-stiff/86913

  • “The death certificate's "other significant conditions" -- Floyd's natural heart disease and the presence of drugs of abuse in his tested blood -- do not excuse the officers, nor should they cause anyone to blame the victim. They are there on the death certificate because those findings, in the opinion of the medical examiner, would have made his death more likely. They are not the cause of death. The cause of death is police restraint” 

    • I disagree with this statement

    • Proximate cause: proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. 

    • There are several coexisting factors that could very easily fall into proximate cause. 

Drugs:

  • Handwritten notes of a law enforcement interview with Dr. Andrew Baker, the Hennepin County Medical Examiner, say Floyd had 11 ng/mL of fentanyl in his system. "If he were found dead at home alone and no other apparent causes, this could be acceptable to call an OD. Deaths have been certified with levels of 3," Baker told investigators. (https://www.google.com/amp/s/www.kare11.com/amp/article/news/local/george-floyd/new-court-docs-say-george-floyd-had-fatal-level-of-fentanyl-in-his-system/89-ed69d09d-a9ec-481c-90fe-7acd4ead3d04)

  • That is a fatal level of fentanyl under normal circumstances." But then Baker added, "I am not saying this killed him.” 

    • Right here, without ever having watched the videos yet, the medical examiner is stating that the fentanyl could be considered a proximate cause of Floyd’s death.

  • The documents say Baker performed the autopsy before watching the videos of police restraining Floyd, with Officer Derek Chauvin's knee on Floyd's neck, because Baker wanted to avoid bias in his autopsy.

    • In Baker's final report after watching the videos, he ruled Floyd's death a homicide caused by "law enforcement subdual, restraint, and neck compression.” But did not say he was suffocated. 

What does this mean and what does it not mean? 

    • This does not mean that the only proximate cause was them restraining him.

    • Proximate cause: proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. 

    • They could have buckled him into the cruiser upright and he still died.

    • He could have died without contact with the police at all according to the examiner. 

  • The FBI asked the Armed Forces Medical Examiner to review Baker's autopsy and they agreed with his findings, writing "his death was caused by the police subdual and restraint" with cardiovascular disease and drug intoxication contributing.”

    • Again, I’m not the medical expert here, but I am the logic expert here. This seems presumptuous. If he could have ODd, he clearly showing signs of mania from the beginning, how can one say definitively that the restraint was the cause and the other factors contributed? You can’t because you don’t know the counterfactual. 

Questions:

  • Should Goerge Floyd still be alive? Yes. 

  • Did the cops kill him? 

    • Their interaction with him, at a minimum, increased the chances that his arteriosclerotic and hypertensive heart disease, fentanyl intoxication, and recent methamphetamine use would lead to his death. 

  • Would a healthy and sober person have died? 

    • They would have just sat in the cruiser, so no. 

    • Also, if they found themselves on the ground in Floyd’s position, this is a counterfactual we can’t predict, but their chances of death would be much lower. 

  • Were the officers’ actions appropriate? 

    • Up until he’s calming down, mostly yes. 

    • Once he crashes, they are far from standard protocol and were making a huge mistake. 

    • They should have moved him and done CPR before the medics arrived. 

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