August 5, 2020

Newly Released George Floyd Body Cam Footage Should Make Keith Ellison Nervous

By Parker Beauregard

Those of us that care about actual justice can only view the newly leaked arrest video of George Floyd in one way: damning to the media narrative. 
A viewing of the video reveals that the events leading up to Floyd's unfortunate, entirely avoidable death are not as they initially seemed, and its release is nothing short of tossing a massive wrench into the agenda-driven gears of media and political discourse.  The four officers might well be guilty of something, but the current second-degree charge of murder is not one of them.  The political overreach in the case will cause nothing short of absolute chaos when the verdict is read. 

In the immediate aftermath of the Floyd incident this past May, Minnesota's top lawman, an activist first and Democrat attorney general second by the name of Keith Ellison, recommended a third-degree murder charge for Derek Chauvin and the three assisting officers.  Under Minnesota statute, third-degree murder would include an action that is "without intent to effect the death of any person" yet "causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life."
Taking the route of unintentional murder seemed appropriate, given that a routine interaction culminated in the presumably accidental death of an offender in custody.  We didn't know all of the facts, but there was near unanimity that something bad had happened and that a legal consequence seemed, at the very least, legitimate.
However, vociferous protests and riots swayed the A.G. to push for an elevated charge of second-degree murder.  One aspect of Minnesota statute defines second-degree murder as being intentional.  It is clear that Chauvin's actions were not.  Ellison himself is not even seeking it on those grounds.  Perhaps lesser known, and still under the second-degree murder statute, is a clause whereby the charge is applicable when the defendant can be proved having caused the death of someone "without intent to effect the death of any person, while committing or attempting to commit a felony offense."
This last part is where Ellison is gambling on a prior felony having been committed in the events of the arrest preceding Floyd's demise.  The alleged felony here is the illegal "excessive use of force."  Where the legal challenge arises is being able to prove that officers used excessive force, and where police officers generally receive a lot of judicial leeway.
Within the handbook for the Minneapolis Police Department, officers are trained, and allowed under the Supreme Court Graham v. Connor decision, to apply force when a subject "is actively resisting arrest or attempting to evade arrest by flight."  The video clearly shows a lengthy struggle to get compliance from Floyd. 
Furthermore, officers appear to be generally operating under the handbook's guide for non-deadly force, which is understood as "force that does not have the reasonable likelihood of causing or creating a substantial risk of death or great bodily harm."  The video shows ample efforts of police negotiating with Floyd in every non-forceful way possible.  Still, the handbook does allow for more aggressive measures that include "physically subduing, controlling, capturing, restraining or physically managing any person."
Critically, and until the language was changed on June 9, neck restraints were also allowed under MPD guidance for the specific purpose of restraining unsafe or unpredictable suspects if force were required.  Given that piece, Ellison would have to prove that Chauvin applied the restraint knowing that it was excessive and that he was restraining Floyd incorrectly, as well as prove in a court of law that the restraint itself was a pivotal cause in Floyd's death.  The Hennepin County autopsy revealed no evidence of crushed bones or ligaments that would typically indicate asphyxiation. The autopsy itself has since been removed from Hennepin County's online database.
All of that aside, the greatest revelation from the video, is the language employed by Floyd throughout the ordeal.  He claimed he was claustrophobic and, most importantly, that he could not breathe during the attempted arrest and relocation to a squad car.  Though he eventually succumbed to the alleged excessive force, Floyd was already displaying and verbalizing those sentiments well before everything else occurred.  It seems just as likely that the combination of his medical history and the myriad drugs and alcohol present in his system at the time of his death played as much of a role, if not a larger one, in his eventual death as did specific use of force.  As the entire media narrative rests on the fact that Chauvin essentially choked out Floyd, this revelation will only further impede Ellison's ability to prove that officer actions led to the suspect's death.
Because of the media blitz surrounding the events, most Americans are only aware of the now-notorious image of a white police officer, Derek Chauvin, kneeling on the neck of the now-deceased black man, George Floyd.  The imagery set off weeks of protests that morphed into looting, conflagrations, and general chaos in blue metropolises.  Some cities, like Portland, Oakland, and Louisville, are still coming to terms with protests, despite the media's constant denial that anything out of the ordinary is happening. 
If the second-degree charges do not stick next spring, when the case is expected to go to trial, there is no question that Minneapolis and other major city centers will devolve into an even more fiery chaos, likely far deadlier than what we have now.  The narrative of white systemic racism is already so contentious that the political and anarchical left would feel entirely vindicated in their response.  It happened this last time.  No doubt, another "miscarriage" of justice, as this would be portrayed regardless of self-evident truths and evidence, would likewise result in extirpative behaviors.
In reality, it is not just Ellison who should be held responsible for the unnecessary pain and anger that will unquestionably arise in the aftermath of a not guilty verdict.  The mainstream media, Black Lives Matter, and every Democrat have capitalized on this tragedy for political gain and are equally responsible for inciting hate and violence across the country.  If nothing else, they withheld, if not exculpatory, at least additional evidence that portrayed the encounter in a less (for lack of a better word) black and white way.
Though there is enough blame to go around, Ellison still could have ensured a judicial victory and prison time for all of the officers by appropriately charging them.  It would not have been a life sentence, but it would have meant jail time and been an appeasement to the black community.  The increased charges inexplicably came after seeing every video, reading every witness testimony, and collaborating with legions of police and legal personnel, and still going for broke.  If and when this morphs into an even worse desecration of life and property, it will be a direct result of Ellison's race-based lies and instigations, not the exoneration of police officers.
Parker Beauregard loves America and wants you to save it with him.  He has been published on American Thinker, Right Wire Report, and various online outlets.  Contact him at thelastbesthope@protonmail.com.