George Floyd: A Seemingly Indefensible Case for Force
There is nothing good about the case involving George Floyd. Police were called to the scene because a store owner reported that Mr. Floyd was highly intoxicated and paid for his purchase with fake currency. Neither of those alleged offenses are violent offenses. Floyd was in the driver's seat of the vehicle when officers arrived on scene. From the video that we have there is no indication that Mr. Floyd was resisting arrest, and the officers acknowledged that Mr. Floyd appeared to be in medical distress. Just from what is known right now, there seems to be no evidence that the restraint technique employed by (former) Officer Derek Chauvin was warranted, which could make him criminally liable for Mr. Floyd's death.
The establishment of our judicial system is predicated on the, "presumption of innocence," in that the burden of proof is on the accuser. Every jury is supposed to begin a trial presuming that the defendant is innocent and the prosecution's job is to present the evidence of the case so as to remove all doubt from the jury's collective mind as to the guilt of the defendant.
If we are to assume innocence, then what use of force policies should we be willing to tolerate? It seems to me that Mr. Floyd should not be dead. Video of his arrest does not appear to indicate that Mr. Floyd was combative or resisted arrest. So why was he laid out prone on the ground with and officer kneeling on his neck? There is a short period of time where Mr. Floyd and the arresting officer are obscured from view by another police vehicle. When the video picks up from a bystander's cell phone, Mr. Floyd is already prone.
While I cannot rule out the possibility that Mr. Floyd became aggressive with officers while obscured from view, it seems unlikely that Mr. Floyd's demeanor would change so significantly. At the beginning of the video, Mr. Floyd does appear agitated, but who wouldn't be given the circumstances of arrest/detainment. However, Mr. Floyd appeared to comply with lawful orders and did not appear to be offering any physical resistance. So why was he laid out prone with an knee in the back of his neck, given that officers had already called for an ambulance and acknowledged Mr. Floyd appeared to be in medical distress?
Time is generally a good revealer of the truth. Often times our initial take on an incident is hyperbolic and aggrandized to elicit a desired reaction from a particular perspective. The facts of this case, thus far, indicate that Mr. Floyd experienced excessive force. President Trump has already contacted the Department of Justice (DOJ) and the Federal Bureau of Investigations (FBI) and called for expedited investigations into Mr. Floyd's death.
“At my request, the FBI and the Department of Justice are already well into an investigation as to the very sad and tragic death in Minnesota of George Floyd. I have asked for this investigation to be expedited and greatly appreciate all of the work done by local law enforcement. My heart goes out to George’s family and friends. Justice will be served!”
It is important, in situations like these, to allow the criminal justice system to run its course. It is understandable that tempers run hot when allegations of police brutality are made, and appear to be substantiated by the video evidence. But it is also important to let justice be handle through the appropriate channels, with Sixth Amendment protections. Rioting, looting and arson are not appropriate responses. Mass public demonstrations and protests are protected under the First Amendment and should be expected in cases where the alleged abuse of power has led to the death of a citizen.
