MINNEAPOLIS (AP) — The video of George Floyd gasping for breath was essentially Exhibit A as the former Minneapolis police officer who pressed his knee on the Black man’s neck went on trial Monday on charges of murder and manslaughter.
Prosecutor Jerry Blackwell showed the jurors the footage at the earliest opportunity, during opening statements, after telling them that the number to remember was 9 minutes, 29 seconds — the amount of time officer Derek Chauvin had Floyd pinned to the pavement last May.
The white officer “didn’t let up” even after a handcuffed Floyd said 27 times that he couldn’t breathe and went limp, Blackwell said in the case that triggered worldwide protests, scattered violence and national soul-searching over racial justice.
“He put his knees upon his neck and his back, grinding and crushing him, until the very breath — no, ladies and gentlemen — until the very life was squeezed out of him,” the prosecutor said.
Chauvin attorney Eric Nelson countered by arguing: “Derek Chauvin did exactly what he had been trained to do over his 19-year career.”
Floyd was resisting arrest, and Chauvin arrived to assist other officers who were struggling to get Floyd into a squad car as the crowd around them grew larger and more hostile, Nelson said.
The defense attorney also disputed that Chauvin was to blame for Floyd’s death.
Floyd, 46, had none of the telltale signs of asphyxiation and had fentanyl and methamphetamine in his system, Nelson said. He said Floyd’s drug use combined with his heart disease and high blood pressure, as well as the adrenaline flowing through his body, to cause his death from a heart rhythm disturbance.
“There is no political or social cause in this courtroom,” Nelson said. “But the evidence is far greater than 9 minutes and 29 seconds.”
In this image from video, defense attorney Eric Nelson, left, and former Minneapolis police officer Derek Chauvin listen as Hennepin County Judge Peter Cahill presides over pre-trial motions prior to opening statements, Monday March 29, 2021, in the trial of Chauvin, in the May 25, 2020, death of George Floyd at the Hennepin County Courthouse in Minneapolis, Minn. (Court TV via AP, Pool)
In this image from video, Hennepin County Judge Peter Cahill swears in the jury, Monday, March 29, 2021, in the trial of former Minneapolis police officer Derek Chauvin, in the May 25, 2020, death of George Floyd at the Hennepin County Courthouse in Minneapolis, Minn. (Court TV via AP, Pool)
In this image from video, prosecutor Jerry Blackwell, left, speaks while defense attorney Eric Nelson, right, listens, as Hennepin County Judge Peter Cahill presides during opening statements, Monday, March 29, 2021, in the trial of former Minneapolis police officer Derek Chauvin, in the May 25, 2020, death of George Floyd at the Hennepin County Courthouse in Minneapolis, Minn. (Court TV via AP, Pool)
In this image from video, the court listens as Hennepin County Judge Peter Cahill presides over pre-trial motions prior to opening statements, Monday, March 29, 2021, in the trial of former Minneapolis police officer Derek Chauvin, in the May 25, 2020, death of George Floyd at the Hennepin County Courthouse in Minneapolis, Minn. (Court TV via AP, Pool)
MINNEAPOLIS, MN – MARCH 29: Attorney Ben Crump (C) takes a knee with members of George Floyd’s family and Rev. Al Sharpton for 8 minutes and 46 seconds outside the Hennepin County Government Center on March 29, 2021 in Minneapolis, Minnesota. Opening statements are set to begin today in the trial of former Minneapolis police officer Derek Chauvin, who is charged with multiple counts of murder in the death of George Floyd last May. (Photo by Stephen Maturen/Getty Images)
MINNEAPOLIS, MN – MARCH 29: Attorney Ben Crump (L), Rev. Al Sharpton (C) and the family of George Floyd kneel for 8:46 seconds during a news conference on March 29, 2021 in Minneapolis, Minnesota. Opening statements begin today in the trial of former Minneapolis police officer Derek Chauvin, who faces second-degree murder charges in the death of George Floyd. (Photo by Brandon Bell/Getty Images)
MINNEAPOLIS, MN – MARCH 29: Brandon Williams (R) wears a mask and pendant with the image of his uncle, George Floyd, as he takes a knee with Rev. Al Sharpton (L) for 8 minutes and 46 seconds outside the Hennepin County Government Center on March 29, 2021 in Minneapolis, Minnesota. Opening statements are set to begin today in the trial of former Minneapolis police officer Derek Chauvin, who is charged with multiple counts of murder in the death of George Floyd last May. (Photo by Stephen Maturen/Getty Images)
MINNEAPOLIS, MN – MARCH 28: People gather at the intersection of 38th St. and Chicago Ave ahead of a candlelight vigil on March 28, 2021 in Minneapolis, Minnesota. Community members continue demonstrations ahead of opening statements in the trial of former Minneapolis police officer Derek Chauvin, who faces a second-degree murder charge in the death of George Floyd. (Photo by Brandon Bell/Getty Images)
Rev. Al Sharpton (C) speaks, flanked by Floyd family attorney Ben Crump (R) and the family of George Floyd, during a press conference at Greater Friendship Missionary on March 28, 2021, in Minneapolis, Minnesota. – Opening arguments begin on March 29 in the trial of Derek Chauvin, the white police officer accused of killing George Floyd, a Black man whose death was captured on video and touched off protests against racial injustice across the United States and around the world. (Photo by Kerem Yucel / AFP) (Photo by KEREM YUCEL/AFP via Getty Images)
View of “George Floyd Square” the place where George Floyd was murdered in May 2020, taken on March 28, 2021 in Minneapolis, Minnesota. – Opening arguments begin on Monday in the trial of Derek Chauvin, the white police officer accused of killing George Floyd, a Black man whose death was captured on video and touched off protests against racial injustice across the United States and around the world. (Photo by Kerem Yucel / AFP) (Photo by KEREM YUCEL/AFP via Getty Images)
MINNEAPOLIS, MINNESOTA – MARCH 28: A portrait of George Floyd sits among flowers at a memorial near the site where George Floyd died at the hands of former Minneapolis police officer Derek Chauvin on March 28, 2021 in Minneapolis, Minnesota. The trial for Chauvin, who is accused of murder in Floyd’s death, begins tomorrow. Security is heightened in the city in an effort to prevent a repeat of rioting that occurred in Minneapolis and major cities around the world following Floyd’s death on May 25, 2020. (Photo by Scott Olson/Getty Images)
MINNEAPOLIS, MINNESOTA – MARCH 28: Plywood covers a building front near the Hennepin County Government Center in preparation for the trial of former Minneapolis police officer Derek Chauvin on March 28, 2021 in Minneapolis, Minnesota. The trial for Chauvin, who is accused of murder in the death of George Floyd, begins tomorrow. Security is heightened in the city in an effort to prevent a repeat of rioting that broke out in Minneapolis and major cities around the world following Floyd’s death on May 25, 2020. (Photo by Scott Olson/Getty Images)
MINNEAPOLIS, MINNESOTA – MARCH 28: A message that reads “Justice for George Floyd” is displayed in front of the former Minnesota National Guard armory near the Hennepin County Government Center as the city prepares for the trial of former Minneapolis police officer Derek Chauvin on March 28, 2021 in Minneapolis, Minnesota. The building is currently a music and events venue. The trial for Chauvin, who is accused of murder in the death of George Floyd, begins tomorrow. Security is heightened in the city in an effort to prevent a repeat of rioting that broke out in Minneapolis and major cities around the world following Floyd’s death on May 25, 2020. (Photo by Scott Olson/Getty Images)
National Guard soldiers maintain their post in front of a giant American flag that hangs inside the Hennepin County Government Center, Wednesday, March 17, 2021, in Minneapolis where the trial for former Minneapolis police officer Derek Chauvin continues with jury selection. Chauvin is charged with murder in the death of George Floyd during an arrest last may in Minneapolis. AP Photo/Jim Mone)
Demonstrators hold signs honouring George Floyd and other victims of racism as they gather during a protest outside Hennepin County Government Center on March 28, 2021 in Minneapolis, Minnesota. – Opening arguments begin on Monday in the trial of Derek Chauvin, the white police officer accused of killing George Floyd, a Black man whose death was captured on video and touched off protests against racial injustice across the United States and around the world. (Photo by Kerem Yucel / AFP) (Photo by KEREM YUCEL/AFP via Getty Images)
The medical examiner’s autopsy noted fentanyl and methamphetamine in Floyd’s system but listed his cause of death as “cardiopulmonary arrest, complicating law enforcement subdual, restraint, and neck compression.”
Chauvin, 45, is charged with unintentional second-degree murder, third-degree murder and manslaughter. The most serious charge, the second-degree murder count, carries up to 40 years in prison. The case is the first trial ever televised in Minnesota.
Bystander Donald Williams, who said he was trained in mixed martial arts, including chokeholds, testified that Chauvin appeared to increase the pressure on Floyd’s neck several times with a shimmying motion. He said he yelled to the officer that he was cutting off Floyd’s blood supply.
Williams recalled that Floyd’s voice grew thicker as his breathing became more labored, and he eventually stopped moving. He said he saw Floyd’s eyes roll back in his head, likening the sight to fish he had caught earlier that day.
Williams said he saw Floyd “slowly fade away … like the fish in the bag.”
The first witness was Minneapolis police dispatcher Jena Scurry, who testified that she saw part of Floyd’s arrest unfolding via a city surveillance camera and was so disturbed that she called a duty sergeant. Scurry said she grew concerned because the officers hadn’t moved after several minutes.
“You can call me a snitch if you want to,” Scurry said in her call to the sergeant, which was played in court. She said she wouldn’t normally call the sergeant about the use of force because it was beyond the scope of her duties, but “my instincts were telling me that something is wrong.”
The video played during opening statements was posted to Facebook by a bystander who witnessed Floyd being arrested after he was accused of trying to pass a counterfeit $20 bill at a convenience store. The footage caused revulsion across the U.S. and beyond.
It prompted calls for the country to confront racism and police brutality. Confederate statues and other symbols were pulled down around the U.S., and activists demanded that police department budgets be cut or overhauled.
Jurors watched intently as the video played on multiple screens, with one drawing a sharp breath as Floyd said he couldn’t breathe. Chauvin sat calmly during opening statements and took notes, looking up at the video periodically.
“My stomach hurts. My neck hurts. Everything hurts,” Floyd says, and: “I can’t breathe, officer.” Onlookers repeatedly shout at the officer to get off Floyd, saying he is not moving, breathing or resisting. One woman, identifying herself as a city Fire Department employee, shouts at Chauvin to check Floyd’s pulse.
The prosecutor said Chauvin used excessive force against someone who was handcuffed and not resisting, and the case was “not about split-second decision-making” by a police officer.
Blackwell said the Fire Department employee who wanted to administer aid was warned off by Chauvin, who pointed Mace at her.
“She wanted to check on his pulse, check on Mr. Floyd’s well-being,” Blackwell said. “She did her best to intervene. When she approached Mr. Chauvin …. Mr. Chauvin reached for his Mace and pointed it in her direction. She couldn’t help.”
The timeline differs from the initial account submitted last May by prosecutors, who said Chauvin held his knee on Floyd’s neck for 8 minutes, 46 seconds. The time 8:46 soon became a rallying cry in the case. But it was revised during the investigation.
Fourteen people in the jury box are hearing the case — eight of them white, six of them Black or multiracial, according to the court. Two will be alternates, though the judge hasn’t said which ones will deliberate the case.
About a dozen people chanted and carried signs outside the courthouse as Floyd family attorney Ben Crump, the Rev. Al Sharpton and members of the Floyd family went inside.
Crump said the trial would be a test of “whether America is going to live up to the Declaration of Independence,” and blasted the idea that it would be a tough test for jurors.
“We know that if George Floyd was a white American citizen, and he suffered this painful, tortuous death with a police officer’s knee on his neck, nobody, nobody, would be saying this is a hard case,” he said.
The downtown Minneapolis courthouse has been fortified with concrete barriers, fences and barbed and razor wire. City and state leaders are determined to prevent a repeat of the riots that followed Floyd’s death, with National Guard troops already mobilized.
Chauvin’s trial is being livestreamed, a first in Minnesota, by order of the judge and over the objections of the prosecution. Judge Peter Cahill ordered that cameras be allowed largely because of the pandemic and the required social distancing that meant there would be almost no room for spectators in the courtroom.
The Chauvin and Floyd families are allotted one seat each in the courtroom. Floyd’s brother Philonise represented the Floyd family on Monday. The seat for a Chauvin family member was empty, as it was all through more than two weeks of jury selection.