What Is Wrong, What Went Wrong and How to Make it Right
A Year after George Floyd’s Death
The guilty verdicts against Derek Chauvin for the murder of George Floyd have been hailed as good news. Those verdicts should not be used to deceive people about the following realities.
First, the criminal prosecutions against Chauvin and the other three former Minneapolis police officers involved in George Floyd’s death occurred after Minneapolis and Minnesota law enforcement and political leaders questioned whether George Floyd’s death involved any criminal conduct. The Minnesota National Guard was activated to suppress peaceful protestors who were outraged after the officers who killed Floyd were not arrested and charged. My May 31, 2020, blog post detailed what went wrong, why it was wrong, and what needed to be done to hold the culprits accountable and compensate the Floyd family and the Minneapolis community members who were harmed by the official response.
Second, the events preceding and after the Chauvin verdict show that systemic racism in policing is routinely causing deadly results. Witness the deaths of Adam Toledo, Duante Wright, Ma’Khia Bryant, Andrew Johnson, the maiming of Jacob Blake, and numerous other incidents.
Finally, a just society allows Black and Brown people to live in peace without the threat of law enforcement terrorism and slayings. Guilty verdicts bring accountability when they happen. But guilty verdicts do not protect Black and Brown people from the racist policing shitstem.*
The following article was written immediately following the tragic events of May 25, 2020. Now, in the immediate aftermath of the trial and conviction of Derek Chauvin, almost a year later, consider again what I wrote then.
—Wendell Griffen * Jamaican patwah
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By Wendell Griffen
On Monday, May 25, 2020, a black teenager used her smartphone to record the final minutes of George Floyd’s life in the world at the hands of four Minneapolis police officers. She watched three of them stand, kneel, observe and support a fourth who held his knee on the neck of George Floyd for more than nine minutes while Floyd was forced to remain on his stomach with his hands cuffed behind his back. She watched George Floyd beg for help, complaining that he could not breathe, and then she saw him die.
Each officer heard Floyd’s desperate cries to breathe. They heard Floyd scream for his mother. They heard onlookers call on them to pick Floyd up, roll him over, and seat him in a police cruiser. They heard onlookers proclaim that Floyd was not resisting arrest. The teenager captured the sights and sounds of racism, militarism and materialism that resulted in the death of George Floyd in plain sight and under the force and authority of four Minneapolis police officers.
When the footage of George Floyd’s last desperate and dying minutes, filmed by the courageous teenage black girl, was shared with the public, the Minneapolis Police Department fired the four officers. But the MPD did not arrest them despite knowing what they did to George Floyd. None of the officers was arrested for assault or murder, criminal acts that were plainly visible from the publicized smartphone video and known by the leadership of the Minneapolis Police Department and the Hennepin County prosecuting attorney when the four officers were fired on May 27.
The U.S. attorney for the District of Minnesota and the Hennepin County prosecuting attorney held a joint press conference on Thursday afternoon, May 28. Strangely, the Hennepin County attorney said during the press conference that “there is other evidence that does not support that” a crime was committed in the death of George Floyd. Then the U.S. attorney and Hennepin County prosecutor called on the public for “patience” and urged people to “trust the process.”
Instead, on May 28, the mayor of Minneapolis asked the governor of Minnesota to dispatch the state militia – the national guard – to Minneapolis. After the May 28 joint media appearance by the U.S. attorney and Hennepin County prosecutor, local outrage about the refusal to arrest anyone concerning George Floyd’s death intensified and hardened. Anger about long-recognized injustice and corruption surrounding abusive and homicidal law enforcement behavior in Minneapolis was not met by any substantive action protesters could “trust.”
On Friday afternoon, May 29, the Hennepin County prosecuting attorney convened a press conference and announced that Derek Chauvin, only one of the four police officers involved in the death of George Floyd, had been taken into custody and charged with murder in the third degree (the lowest murder offense) and manslaughter (the second lowest homicide offense). Chauvin was the officer who pinned Floyd to the street surface face down and pressed his knee against Floyd’s neck while Floyd pleaded for his life and eventually died. The prosecutor did not explain why the other three former officers were not arrested as accessories to the murder of George Floyd.
What Went Wrong:
— Hiring, training and retaining culturally incompetent, abusive and homicidal actors to work as law enforcement was wrong.
— Dispatching and deploying four armed police officers to respond to a suspected forgery involving an unarmed suspect over $20 was wrong.
— Forcing George Floyd to the street on his stomach and holding him there after Floyd had been handcuffed behind his back and was not resisting arrest or hindering being placed into a vehicle for transport was wrong.
— Pinning George Floyd to the street while Floyd was handcuffed behind his back and forced onto his stomach was wrong.
— The conduct of the other three police officers who assisted Chauvin in pinning Floyd to the street on his stomach with his hands cuffed behind his back and who prevented onlookers from approaching to render first aid to Floyd was wrong.
— Denying George Floyd first aid or relief from having his breathing threatened by Chauvin was wrong.
— Disregarding the appeals by spectators to pick George Floyd up and pay attention to his complaints of being unable to breathe was wrong.
— Withholding information about what happened was wrong. Refusing to arrest the four police officers immediately when they were fired was wrong.
— Concealing the identities of the fired former officers and refusing to refer to them as criminal suspects in the death of George Floyd was wrong.
— Calling on the family of George Floyd, the black community of Minneapolis and the wider community and nation to be “patient” and “trust the process” was wrong. The Minneapolis Police Department urged black and brown people to “trust” a “process” manipulated to protect abusive and homicidal law enforcement personnel from discipline, criminal prosecution and conviction and professional banishment.
— Militarized responses to non-violent protests were wrong. Deployment of police in riot gear on May 27, calling out the national guard on May 28, and firing rubber bullets, flash bang grenades, pepper bullets and deploying baton-wielding police officers was wrong. Sending assault rifle-toting national guard soldiers to confront angry and grief-stricken civilians was wrong.
— Allowing investigation and prosecution decisions concerning the killing of George Floyd to be handled by the Hennepin County prosecuting attorney and the U.S. attorney for the District of Minnesota was wrong. Concerns about cronyism between the Hennepin County Prosecutor and the Minneapolis Police Department deepened after the Hennepin County prosecutor made his comments during the May 28 media appearance with the U.S. attorney for the District of Minnesota. And the U.S. attorney surely must have known how little trust there is among people of color for Attorney General William Barr because of his decision to not file charges against Daniel Pantaleo (the NYPD officer whose choke hold led to the death of Eric Garner).
— Failure/refusal to have Minnesota Attorney General Keith Ellison lead the investigation and prosecution of the four former police officers was wrong. Ellison (unlike the Minneapolis mayor, Minnesota, Hennepin County prosecutor, and U.S. attorney for Minnesota) has established himself as credible, courageous and trustworthy about confronting and correcting abusive and homicidal law enforcement behavior.
— Failure to discern and admit cultural incompetence on the part of the Minneapolis and Minnesota political and law enforcement leadership was wrong. Cultural incompetence involves having the knowledge and skill to navigate cross cultural situations, dynamics,and realities in effective ways. The history of distrust and hostility within communities of color about the long record of abusive and homicidal law enforcement by the Minneapolis Police Department is overwhelming proof as to the cultural incompetence of elected officials and police agency leaders and rank-and-file personnel regarding use of force during interactions by law enforcement personnel with persons of color. A “law and order” mindset bottomed on militarized responses to public outrage about the abusive and homicidal behavior that killed George Floyd does not foster trust, patience and healing among communities of color, political leaders, law enforcement leaders and rank-and-file law enforcement personnel.
What Can Be Done to Make It Right:
I. Publicly Arrest the Three Other Former Officers Who Were Involved in the Death of George Floyd!
Had the four former officers been arrested immediately after they were fired May 27 on suspicion of causing the death of George Floyd, most – if not all – of the angry protests on May 27 and afterwards in Minneapolis and St. Paul, Minnesota, would have been avoided. Protests and expressions of outrage will continue until every law enforcement agent who cooperated with, was complicit in, and otherwise supported events related to the detainment, arrest and death of George Floyd has been arrested.
II. Honor the Life and Memory of George Floyd
The Floyd family and Black community should be consoled and supported. George Floyd’s name and memory should be publicly honored, at the cost of the City of Minneapolis, in a manner approved by the Floyd family.
III. Transfer Further Investigation and Prosecution of all Criminal Charges Arising from the Death of George Floyd to Minnesota Attorney General Keith Ellison in order to dispel valid concerns about cronyism Between the Hennepin County Prosecutor’s Office and the Minneapolis Police Department.
The charges filed against Derek Chauvin (third degree murder and manslaughter) are at the lower range for homicide offenses chargeable in Minnesota. However, Chauvin (aided by his three accomplices) assaulted George Floyd by holding his knee on Floyd’s neck for nearly ten minutes until Floyd died, ignoring pleas from onlookers to stop. Chauvin and his accomplices heard onlookers shout that Chauvin’s actions threatened Floyd's life. The conduct of the four men was clearly intentional, even if they did not intend Mr. Floyd’s death. The Hennepin County prosecutor could have charged Derek Chauvin with second degree unintentional murder, a crime punishable by imprisonment for up to forty (40) years. (Minnesota statutes 609.19, sub-division 2.1). Also, the same statute states: Whoever assaults another and inflicts great bodily harm may be convicted of assault in the first degree and sentenced to imprisonment for up to 20 years, payment of a fine of up to $30,000, or both (609.221).
The Minneapolis Police Department apparently concluded that Chauvin’s conduct was unjustifiable since they fired him. Thus, it is strange that Chauvin was not charged with second degree intentional murder, given the clear proof that he assaulted George Floyd and inflicted “great bodily harm” that caused Floyd's death.
The Hennepin County prosecutor also could have charged the other officers who assisted Chauvin in murdering George Floyd with second degree unintentional murder…if the person intentionally aids…the other to commit a crime (Minnesota statutes 609.05, subdivision 1).
Under this statute, prosecutors in Minnesota routinely use accomplice liability to charge persons who aid others to commit crimes, including murder. The decision to not file charges against Chauvin’s three accomplices who aided him by preventing onlookers from stopping Chauvin from continuing to hold George Floyd on the ground with his knee on Floyd’s neck suggests that the Hennepin County prosecutor treated three former police officers differently – and far more leniently – from how other persons would be treated.
IV: Issue a Public Apology from the City of Minneapolis, the Minneapolis Police Department, and the State of Minnesota to the Family of George Floyd for His Wrongful Death and for the Pain and Suffering Experienced after It; and Negotiate, Reach and Publicize a Fair and Substantial Monetary Settlement with the Family of George Floyd and Resulting Damages that Includes:
— Admissions in the Death of George Floyd by the City and Police Department.
— Conscious Pain and Suffering for George Floyd
— Mental Anguish for George Floyd
— Funeral Expenses for George Floyd
— Lost Earnings of George Floyd
— Damages to the Close Relatives of George Floyd for Mental Anguish
V: Engage in Mediation through the Minneapolis Council of Churches Involving Minneapolis Elected Officials, the Minneapolis Police Department, and Communities of Color.
Minneapolis civic and police leaders must be led by prophetic voices within communities of color. Communities of color have good reasons to view mediation efforts initiated by civic and police leaders as efforts to pacify their longstanding complaints about excessive force by police officers. For that reason, mediation should be provided by prophetic moral leaders affiliated with the Minneapolis Council of Churches.
VI. Retain Expert Consultation and Assistance in Cultural Competency and Inclusion for Minneapolis Civic, Law Enforcement and Community Leaders, with Special Emphasis on Cultural Competence in Law Enforcement and Use of Force Practices.
Plainly, Minneapolis Police Department leaders and rank-and-file personnel lack the knowledge and skill required to handle cross cultural situations, events and experiences in ways that are fair, decent and honorable. Leaders of the MPD and City of Minneapolis need ongoing assistance and advice in cultural competency and inclusion from independent consultants rather than by MPD personnel or other City of Minneapolis employees to assure that it will be provided in an objective way. The assistance and advice should be mandated for all MPD personnel for not less than 90 years.
VII. Enter into and Complete a 10-Year Agreement between the Minneapolis Police Department, City of Minneapolis, and the U.S. Department of Justice for a Pattern and Practice Investigation, and Monitoring of the Minneapolis Police Department by the Civil Rights Division of the U.S. Department of Justice.
VIII. Provide Lifetime Mental Health Counseling and/or Treatment Paid for by the City of Minneapolis for the Immediate Family of George Floyd, and for the Persons Who Were On-Site when He Was Killed on May 25, 2020.
George Floyd's relatives suffered an indescribably horrific tragedy when four members of the MPD murdered him. Their horror has been compounded by the culturally incompetent ways in which the MPD, City of Minneapolis, and State of Minnesota have responded to protests about Floyd's death.
The people who physically witnessed the murder of George Floyd, including the teenager who bravely filmed what happened to George Floyd, have memories that will haunt them the rest of their lives. Those memories take physical, emotional and moral tolls on people. The City of Minneapolis and MPD should pay for the mental health counseling and treatment these people need.
X. Rebuild and Repair Buildings Destroyed and Repaired in Communities of Color during the Actions to Protest the Murder of George Floyd.
The protests in Minneapolis that led to damage and destruction of buildings in communities of color where businesses provided groceries, medication and medical supplies, and other essential items and services could have been prevented had MPD leaders quickly arrested the four former police officers who killed George Floyd. A publicly funded restoration program for those business and property owners would demonstrate civic commitment to repentance and healing for generations of systemic discrimination, racism and tolerance for abusive and homicidal law enforcement behavior by the MPD.
XI. End the Militarized Occupation of Minneapolis.
Cultural incompetence permeates much of what the MPD, City of Minneapolis and State of Minnesota have done concerning the murder of George Floyd, beginning with the decision to dispatch four police officers to respond to a report about a suspected $20 forgery. The actions of the four officers that caused Floyd's death were culturally incompetent and professionally unjustifiable.
Non-violent peaceful protest about the murder of an unarmed and helpless black man by the police is not a crime in Minnesota. Protesters have the right to openly and fiercely condemn the murder of George Floyd by the MPD. They have the right to condemn the refusal of the MPD to arrest and prosecute Floyd's killers.
To their credit, protesters have refused to be bullied and bossed. From all indications, the protests will continue no matter how many soldiers and military weapons are deployed to stop it.
Deploying military force against peaceful grieving and oppressed people is tyranny. The militarization of Minneapolis should be ended immediately.
Pray for the family of George Floyd and the people who are protesting his murder by the MPD. Protest the refusal to arrest and aggressively prosecute the four former MPD officers who murdered George Floyd. And condemn and denounce attempts to bully and beat protesters into silence about the injustices surrounding the murder of George Floyd.
— Wendell Griffen, pastor of New Millennium Church in Little Rock, Arkansas is a state court trial judge, owner of a consulting firm concerning cultural competency, equity, and inclusion, author of The Fierce Urgency of Prophetic Hope (Judson Press, 2017) and three internet blogs, contributes columns about social justice and public policy to Christian Ethics Today, Baptist News Global, Good Faith Media, and other outlets. He serves as a member of the board of Christian Ethics Today Foundation.
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