State of Minnesota vs. Derek Michael Chauvin - Charge : Murder - 3rd Degree
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5/29/2020 |
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State of Minnesota |
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District Court |
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County of Hennepin |
4th |
JudicialDistrict |
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Prosecutor File No. |
20A06620 |
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Court File No. |
27 - CR -20-12646 |
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State of Minnesota , |
COMPLAINT |
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Plaintiff |
Warrant |
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DEREK MICHAEL CHAUVINDOB: 03/19/1976
Oakdale ,MN 55128
Defendant
The Complainant submits this complaint to the Court and states that there is probable cause to believe Defendant committed the following offense(s):
COUNTI
Charge : Murder - 3rd Degree - Perpetrating Eminently Dangerous Act and Evincing Depraved Mind
Minnesota Statute: 609.195 (a ), with reference to: 609.195 (a) Maximum Sentence : 25 YEARS
Offense Level: Felony
Offense Date (on or about): 05/25/2020
Control # (# : 20200338
Charge Description: That on or about May 25, 2020, in Hennepin County, Minnesota , Derek Michael
Chauvin caused the death of George Floyd by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life.
COUNTII
Charge: Manslaughter - 2nd Degree - Culpable Negligence Creating Unreasonable Risk
Minnesota Statute : 609.205 (1), with reference to : 609.205 Maximum Sentence : 10 YEARS AND /OR $ 20,000
Offense Level: Felony
Offense Dateon or about) 05/25/2020
Control # (ICR # : 20200338
Charge Description: That on or about May 25, 2020 , in Hennepin County, Minnesota , Derek Michael Chauvin caused the death ofGeorge Floyd by his culpable negligence , creating an unreasonable risk and taking a chance of causing death or great bodily harm to George Floyd.
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No paragraph-level conversations.
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5/29/2020 |
On May 25 , 2020, someonecalled 911 and reported that a manboughtmerchandise from Cup Foods at 3759 Chicago Avenue in Minneapolis, Hennepin County , Minnesota with a counterfeit$ 20 bill. At8:08 p.m., Minneapolis Police Department (MPD ) Officers Thomas Lane and J.A.Kueng arrived with their body worn cameras (BWCs) activated and running. The officers learned from store personnelthatthemanwho passed the counterfeit $20 was parked in a cararound the corner from the store on 38th Street.
BWC video obtained by theMinnesota Bureau ofCriminalApprehension shows thatthe officers approached the car, Laneon the driver's side and Kueng on the passenger side. Three people were in the car; George Floydwas in the driver's seat, a known adultmale was in the passengerseat and a known adult female was sitting in the backseat. As Officer Lanebegan speaking with Mr.Floyd, he pulled his gun out and pointed it atMr. Floyd's open window and directed Mr. Floyd to show his hands. When Mr. Floyd puthishands in the steering wheel Laneputhis gun back in its holster
While Officer Kuengwas speakingwith the frontseatpassenger, OfficerLaneordered Mr. Floyd outof the car, put his handson Mr.Floyd, andpulled him out of the car. OfficerLanehandcuffedMr. Floyd. Mr. Floyd actively resistedbeinghandcuffed.
Once handcuffed, Mr.Floyd became compliant and walked with Officer Lane to the sidewalk and saton the ground at OfficerLane's direction . In a conversation that lasted just under two minutes, Officer Lang asked Mr. Floyd for his name and identification. OfficerLane asked Mr. Lloyd ifhewas on anything and explained thathewas arrestingMr. Lloyd for passing counterfeitcurrency.
Officers Kueng and Lane stood Mr. Floyd up and attempted to walk Mr. Floyd to their squad car (MPD 320 ) at 8:14 p.m.Mr. Floyd stiffened up, fell to the ground , and told the officers he was claustrophobic .
MPD Officers Derek Chauvin ( the defendant) and Tou Thoa then arrived in a separate squad car.
The officers made several attempts to getMr.Floyd in the backseatof squad 320 from the driver's side. Mr.Floyd did notvoluntarily getin the car and struggledwith theofficers by intentionally falling down, saying hewas not going in the car, and refusing to stand still. Mr. Floyd is over six feettall and weighsmore than 200 pounds.
While standing outside the car, Mr. Floydbegan saying and repeatingthathe could notbreathe. The defendantwent to the passenger side and tried to get Mr.Floyd into the car from that side and Lane and Kueng assisted.
The defendantpulled Mr. Floyd out ofthepassenger side ofthe squad car at8:19:38andMr.Floyd
wentto the groundface down and still handcuffed. Kueng held Mr. Floyd'sback andLaneheld his legs. The defendant placed his leftkneein the area ofMr.Floyd's head and neck. Mr.Floyd said , “ I can'tbreathe” multiple times and repeatedly said , “Mama” and“ please, as well. The defendant and the other two officers stayed in their positions.
The officers said, “You are talking fine to Mr.Floyd as he continued to move back and forth . Laneasked, we roll him on his side?" and thedefendantsaid ,“No, stayingputwhere we got him . " Officer Lane
said, “ I am worried aboutexcited delirium orwhatever. The defendantsaid, “ That's whywe have him on his stomach. Noneof the threeofficersmoved from their positions.
BWC video showsMr. Floyd continueto move and breathe. At 8:24:24, Mr.Floyd stoppedmoving. At
State ofMinnesota 8:25:31the video appears to show Mr.Floyd ceasingto breatheor speak.
Lane said, “want to roll
his side.” Kueng checkedMr. Floyd's rightwrist for a pulse and said, “I couldn'tfind one. Noneof the officersmoved from their positions.
At 8:27:24 , the defendant removed his knee from Mr. Floyd's neck . An ambulance and emergency medical personnel arrived , the officers placed Mr. Floyd on a gurney , and the ambulance left the scene . Mr. Floyd was pronounced dead at Hennepin County Medical Center .
TheHennepin CountyMedicalExaminer(ME) conducted Mr. Floyd's autopsy on May 26 , 2020. Thefull report ofthe ME is pendingbuttheMEhasmade the following preliminary findings. The autopsy revealed no physicalfindings that support a diagnosis of traumatic asphyxia or strangulation. Mr.Floyd had underlyinghealth conditions including coronary artery disease and hypertensive heart disease. The combined effects of Mr. Floyd being restrained by the police, his underlyinghealth conditions and any potentialintoxicants in his system likely contributed to his death .
The defendanthad his knee on Mr. Floyd's neck for 8 minutes and46 seconds in total. Twominutes and53 seconds ofthis was afterMr.Floydwasnon- responsive. Police are trained thatthis type of restraintwith a subject in a prone position is inherently dangerous.
Defendant is in custody .
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Complainant requests that Defendant, subjectto bail or conditions ofrelease, be:
( 1) arrested or that other lawfulsteps be taken to obtain Defendant's appearance in court; or
( 2 ) detained , if already in custody, pendingfurther proceedings and that said Defendantotherwise be dealtwith according to law .
Complainant declares under penalty ofperjury that everything stated in this document is true and
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correct. Minn. Stat. |
358.116 Minn . R.Crim . P. 2.01, subds. 1, 2. |
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Complainant |
Michelle M Frascone |
Electronically |
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Special |
05/29/2020 01:05 PM |
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1430 Maryland Avenue E |
Ramsey County, Minnesota |
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St. Paul, MN |
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Badge: 81 |
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Being authorized to prosecute the offenses charged, I approve this complaint.
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Prosecuting Attorney Amy Sweasy |
Electronically |
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300 S |
St |
05/29/2020 01:00 PM |
Minneapolis , MN 55487
(612 ) 348-5550
FINDING OF PROBABLE CAUSE5/29/2020
From the above sworn facts , and any supporting affidavits or supplementalsworn testimony, I, the Issuing Officer, have determined thatprobable cause exists to support, subjectto bail or conditionsofreleasewhere applicable, Defendant's arrest or other lawfulsteps be taken to obtain Defendant's appearance in court, or Defendant's detention, if already in custody, pendingfurther proceedings. Defendantis therefore chargedwith the above-stated offense(s).
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SUMMONS |
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THEREFOREYOU, THE DEFENDANT, ARE SUMMONED to appear on |
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before the above-named court at theaddress listed on the attached court summonsto answer this complaint.
IF YOU FAIL TO APPEARin response to this SUMMONS ,WARRANT FOR YOUR ARREST shall be issued.
XWARRANT
To the Sheriff of the above-named county ; or other person authorized to execute this warrant: I order, in the name of the State of Minnesota, that the Defendantbe apprehended and arrested without delay and brought promptly before the court (if in session), and if not, before a Judge or Judicial Officer of such court without unnecessary delay, and in any eventnotlater than 36 hours after the arrest or as soon as such Judge or Judicial Officer is available to be dealt with accordingto law .
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Execute in MN Only |
XExecuteNationwide |
Executein BorderStates |
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ORDEROF DETENTION
Since the Defendant is already in custody , I order , subject to bail or conditions of release , that the Defendant continue to be detained pending further proceedings .
Bail:$ 500,000.00
ConditionsofRelease:
This complaint, duly subscribedand sworn to or signed underpenaltyofperjury, is issuedby the undersignedJudicialOfficer as ofthe followingdate: May29, 2020 .
JudicialOfficer
Luis BartolomeiElectronically05/29/202001:20 PM
District CourtJudge
Sworn testimony has been given before the Judicial Officer by the following witnesses :
COUNTY OF HENNEPIN
STATE OF MINNESOTA
State ofMinnesota
Plaintiff
LAWENFORCEMENTOFFICER RETURN OF SERVICE
Thereby Certify andReturn thathave served a copy of this Warrant
upon the Defendantherein named.
Signature ofAuthorized ServiceAgent:
Derek Michael Chauvin
Defendant
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DEFENDANTFACT SHEET |
5/29/2020 |
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Name: |
Derek Michael Chauvin |
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DOB: |
03/19/1976 |
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Address : |
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Alias Names/DOB: |
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SID : |
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Height: |
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Weight: |
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Eye Color: |
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Hair Color: |
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Gender: |
MALE |
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Race: |
White |
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FingerprintsRequired per Statute: |
Yes |
Fingerprint match to Criminal History Record : No
Driver's License # :
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SILS Person ID # : |
880184 |
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SILS Tracking No. |
3173921 |
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AlcoholConcentration: |
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5/29/2020 |
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Cnt |
Statute |
Offense |
Statute Nbrs and Descriptions |
Offense |
MOC |
GOC Controlling |
Case |
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Nbr |
Type |
Date( s) |
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Level |
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Agencies |
Numbers |
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Charge |
5/25/2020 |
609.195( a ) |
Felony |
H3003 |
MNBCA0000 |
20200338 |
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Murder - 3rd Degree - Perpetrating |
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Eminently Dangerous Act and Evincing |
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Depraved Mind |
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Penalty |
5/25/2020 |
609.195 (a) |
Felony |
H3003 |
MNBCA0000 |
20200338 |
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Murder - 3rd Degree - Perpetrating |
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EminentlyDangerousAct and Evincing |
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DepravedMind |
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Charge |
5/25/2020 |
609.205 ( 1) |
Felony |
H5003 |
MNBCA0000 |
20200338 |
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Manslaughter - 2nd Degree - Culpable |
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Negligence Creating Unreasonable |
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Risk |
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Penalty |
5/25/2020 |
609.205 |
Felony |
H5003 |
MNBCA0000 |
20200338 |
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Manslaughter- 2nd Degree
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