Let's start this off by saying I am genuinely surprised. When it comes to use of force situations, I am usually having to argue that the amount of force used was justifiable in the given situation, while the other party is calling me a "boot licker" or a racist. However, I completely disagree with the use of force tactics in this situation, and disagree that training was the issue.
I am going to lay out the facts here first, and then my opinion at the end.
Facts:
On Monday, May 25th, Minneapolis Police responded to a call about a suspected forgery at a local restaurant. Upon arriving, they observed George Floyd sitting on top of a blue car, and believed he was under the influence of either alcohol or narcotics based off of his behavior. (That is what the spokesman for the Minneapolis Police Department said, however after watching multiple surveillance videos, all I see is Officers contacting a blue vehicle occupied by three individuals, two of them voluntarily exit, and George Floyd slightly resists, causing them to forcefully remove him from the car before searching him, cuffing him, and sitting him down on the sidewalk.)
This part of the encounter can be viewed here:
https://video.search.yahoo.com/yhs/searc...tion=click
Before we continue, I would like to state a couple misconceptions that people make regarding use of force, and your rights when detained by a police officer.
Firstly, I get a lot of comments all the time saying that a police officer cannot place you in handcuffs. According to supreme court case Muehler V Mena, it states that an Officer can place you in handcuffs so long as you are detained. This also falls under most departments "officer safety" guidelines.
Secondly, let's talk about resisting. There are six levels of resistance that you can classify a suspect under.
- Psychological Intimidation – Nonverbal cues indicating a subject’s attitude, appearance, and physical readiness. (Ex: Karate stance, the finger, fist to palm, up your arm)
- [font=Roboto, Helvetica, Arial, Verdana, sans-serif]Verbal Noncompliance – Verbal responses indicting unwillingness or threats. (Ex: “Go to hell,” “I’m not going,” “I’m going to kill you.”)[/font]
- [font=Roboto, Helvetica, Arial, Verdana, sans-serif][font=Roboto, Helvetica, Arial, Verdana, sans-serif]Passive Resistance – Physical actions that do not prevent officer’s attempt to control. (Ex: Passive demonstrator sitting on the ground)[/font][/font]
- [font=Roboto, Helvetica, Arial, Verdana, sans-serif][font=Roboto, Helvetica, Arial, Verdana, sans-serif][font=Roboto, Helvetica, Arial, Verdana, sans-serif]Defensive Resistance – Physical actions that attempt to prevent officer’s control, but never attempt to harm the officer. (Ex: Pulls away from officer, walks away from officer)[/font][/font][/font]
- [font=Roboto, Helvetica, Arial, Verdana, sans-serif][font=Roboto, Helvetica, Arial, Verdana, sans-serif][font=Roboto, Helvetica, Arial, Verdana, sans-serif][font=Roboto, Helvetica, Arial, Verdana, sans-serif]Active Aggression – Physical actions of assault. (Ex: Subject punching or kicking officer)[/font][/font][/font][/font]
- [font=Roboto, Helvetica, Arial, Verdana, sans-serif][font=Roboto, Helvetica, Arial, Verdana, sans-serif][font=Roboto, Helvetica, Arial, Verdana, sans-serif][font=Roboto, Helvetica, Arial, Verdana, sans-serif][font=Roboto, Helvetica, Arial, Verdana, sans-serif]Deadly Force Assault – Deadly force encounter. (Ex: Suspect trying to stab officer with knife)[/font][/font][/font][/font][/font]
So, essentially just by him pulling away from an officer, he is at the fourth level of resistance, which is defensive resistance. It is evident that he reached this level of resistance, I did not visually witness a moment where he exceeded to level five or six.
After the Police talk to Floyd for a few minutes, they begin to pick him back up, and escort him to a cruiser. During this time, he actively pulled away twice, meaning he was using defensive resistance.
This is where it gets a little confusing. Both the media and the Minneapolis Police Department fail to mention the events that occurred between the initial interaction that is shown in the previous video, and whatever incident occurred that resulted in Floyd being taken to the ground. I would love to see full, unedited surveillance footage from the restaurant and review it, so if anyone has it, please let me know.
Then there is the incident everybody has already seen, Floyd on the ground, with an officers knee in his neck for roughly four minutes. Maveric has mentioned the neck restraint tactic. Here is a couple things;
- Many departments across the United States have actually banned "neck restraints" such as the NYPD. The reason being is because while it is effective, once the person is unconscious you have seconds to release the hold before it becomes fatal. This Officer did not ever release. The suspects muscles shut down, he stopped talking, he stopped breathing, and civilians were informing the Officers multiple times of the severity of the situation.
- Departments all across the country use the term "Necessary" when describing their use of force tactics. Necessary means that no reasonably effective alternative to the use of force appeared to exist, and the amount of force used was reasonable to effect the lawful purpose intended. The issue with this neck restraint, is that there were other reasonably effective alternatives that could be used. OC Spray, taser, baton, open hand strikes, or even close hand strikes are all reasonable, effective, and legal use of force alternatives. Also, once the suspect is unconscious, the lawful purpose for using that force has been met.
Never once did any of the Officers check for vital signs or to see if Floyd was breathing. Instead, they continued to apply the neck restraint even when the lawful purpose intended no longer existed.
Opinion:
These Officers used excessive force on a suspect that directly caused his death. The Officer applying the force should be charged with Murder in the Second Degree, and his partner should be charged with Accessory to Commit Murder.
Honestly, the death penalty comment does not seem "disgusting" to me as long as it is a legal option in that state. This officer choked someone to death while his partner watched. That is the bottom line.