Black lives
4 Ex-Cops Indicted on US Civil Rights Charges in Floyd Death
Published
3 years agoon
By
Willie DavidMINNEAPOLIS (AP) — A federal grand jury has indicted the four former Minneapolis police officers involved in George Floyd’s arrest and death, accusing them of willfully violating the Black man’s constitutional rights as he was restrained face-down on the pavement and gasping for air.
A three-count indictment unsealed Friday names Derek Chauvin, Thomas Lane, J. Kueng and Tou Thao. Specifically, Chauvin is charged with violating Floyd’s right to be free from unreasonable seizure and unreasonable force by a police officer. Thao and Kueng are also charged with violating Floyd’s right to be free from unreasonable seizure, alleging they did not intervene to stop Chauvin as he knelt on Floyd’s neck. All four officers are charged for their failure to provide Floyd with medical care.
Floyd’s May 25 arrest and death, which a bystander captured on cellphone video, sparked nationwide complaints about the police treatment of Black people and protests calling for an end to police brutality and racial inequities.
Chauvin was also charged in a second indictment, stemming from the use of force and neck restraint of a 14-year-old boy in 2017.
Lane, Thao and Kueng made their initial court appearances Friday via videoconference in U.S. District Court in Minneapolis. Chauvin was not part of the court appearance.
Chauvin was convicted last month on state charges of murder and manslaughter in Floyd’s death and is in Minnesota’s only maximum-security prison as he awaits sentencing. The other three former officers face a state trial in August, and they are free on bond. They were allowed to remain free after Friday’s federal appearance.
Floyd, 46, died after Chauvin pinned him to the ground with a knee on his neck, even as Floyd, who was handcuffed, repeatedly said he couldn’t breathe. Kueng and Lane also helped restrain Floyd — state prosecutors have said Kueng knelt on Floyd’s back and Lane held down Floyd’s legs. State prosecutors say Thao held back bystanders and kept them from intervening during the 9 1/2-minute restraint.
Chauvin’s attorney, Eric Nelson, argued during his murder trial that Chauvin acted reasonably in the situation and that Floyd died because of underlying health issues and drug use. He has filed a request for a new trial, citing many issues including the judge’s refusal to move the trial due to publicity.
Nelson had no comment on the federal charges Friday. Kueng’s attorney also had no comment. A message left for Thao’s attorney wasn’t immediately returned, and a call to Lane’s attorney disconnected when he was reached by The Associated Press.
Ben Crump and the team of attorneys for Floyd’s family said the civil rights charges reinforce “the strength and wisdom” of the Constitution. “We are encouraged by these charges and eager to see continued justice in this historic case that will impact Black citizens and all Americans for generations to come,” the attorneys said in a statement.
The Rev. Al Sharpton said the federal charges against the officers show the Justice Department “does not excuse it nor allow police to act as though as what they do is acceptable behavior in the line of duty.”
“What we couldn’t get them to do in the case of Eric Garner, Michael Brown in Ferguson, and countless others, we are finally seeing them do today,” Sharpton said.
Minnesota Attorney General Keith Ellison, whose office is prosecuting the state charges, said the federal government is responsible for protecting the civil rights of every American and “federal prosecution for the violation of George Floyd’s civil rights is entirely appropriate,” particularly now that Chauvin is convicted of murder.
To bring federal charges in deaths involving police, prosecutors must believe an officer acted under the “color of law,” or government authority, and willfully deprived someone of their constitutional rights, including the right to be free from unreasonable seizures or the use of unreasonable force. That’s a high legal standard. An accident, bad judgment or simple negligence on the officer’s part isn’t enough to support federal charges, and prosecutors have to prove the officers knew what they were doing was wrong in that moment but did it anyway.
Conviction on a federal civil rights charge is punishable by up to life in prison or even the death penalty, but those stiff sentences are extremely rare and federal sentencing guidelines rely on complicated formulas that indicate the officers would get much less if convicted.
In Chauvin’s case, if the federal court uses second-degree murder as his underlying offense, he could face anywhere from 14 years to slightly more than 24 years, depending on whether he takes responsibility, said Mark Osler, a former federal prosecutor and professor at the University of St. Thomas School of Law.
Osler said the guidelines clearly state that any federal sentence would be served at the same time as a state sentence. Chauvin is due to be sentenced on the state charges June 25.
The indictment in Floyd’s death says Thao and Kueng were aware Chauvin had his knee on Floyd’s neck, even after Floyd became unresponsive, and “willfully failed to intervene to stop Defendant Chauvin’s use of unreasonable force.” All four officers are charged with willfully depriving Floyd of liberty without due process — for their alleged deliberate indifference to Floyd’s medical needs.
The other indictment, against Chauvin only, alleges he deprived a 14-year-old of his right to be free of unreasonable force when he held the teen by the throat, hit him in the head with a flashlight and held his knee on the boy’s neck and upper back while he was prone, handcuffed and unresisting.
According to a police report from that 2017 encounter, Chauvin wrote that the teen resisted arrest and that after the teen, who he described as 6-foot-2 and about 240 pounds, was handcuffed, Chauvin “used body weight to pin” the boy to the floor. The boy was bleeding from the ear and needed two stitches.
That encounter was one of several mentioned in state court filings that prosecutors said showed Chauvin had used neck or head and upper body restraints seven times before dating back to 2014, including four times state prosecutors said he went too far and held the restraints “beyond the point when such force was needed under the circumstances.”
Bob Bennett, an attorney for the teenager, said the “familiar behavior” from Chauvin showed Floyd wasn’t his first victim. “Obviously he wasn’t restricted to adult males,” Bennett said, adding that using force a neck restraint against a 14-year-old boy “is troubling in its own right.”
President Joe Biden’s administration has made policing reform a major issue. Attorney General Merrick Garland has said he was refocusing the department around civil rights and does not believe there is equal justice under the law.
In late April, the Justice Department indicted three men on federal hate crime charges in the February 2020 death of Ahmaud Arbery, a 25-year-old Black man who was running in a Georgia neighborhood when he was chased down and shot. At the time, it was the most significant civil rights prosecution undertaken by Biden’s Justice Department.
The Justice Department also recently announced it was opening a sweeping investigation into the Minneapolis Police Department. The investigation will examine whether there is a pattern or practice of unconstitutional or unlawful policing at the department, and it could result in major changes.
Garland announced a similar probe into policing in Louisville, Kentucky, over the March 2020 death of Breonna Taylor, who was fatally shot by police during a raid at her home.
Chauvin was convicted of second-degree unintentional murder, third-degree murder and second-degree manslaughter. Experts say he will likely face no more than 30 years in prison when he is sentenced in June. The other officers face charges alleging they aided and abetted second-degree murder and manslaughter. All four officers were fired.
Black lives
Florida House Democratic Leader-Designate Fentrice Driskell Announces Leadership Team
Published
2 years agoon
November 21, 2022By
FNN NEWSTALLAHASSEE, Fla. – Florida House Democratic Leader-Designate Fentrice Driskell (D-Tampa) today announced the appointment of the following Democratic Representatives to serve on the House Democratic Caucus leadership team for the 2022-24 legislative term:
- Leader Pro Tempore: Representative Dotie Joseph (D-Miami);
- Policy Chair: Representative Kelly Skidmore (D-Boca Raton);
- Floor Leader: Representative Michael “Mike” Gottlieb (D-Davie); and
- Whip: Representative Christine Hunschofsky (D-Parkland).
“The House Democratic Caucus is made up of some of the strongest, most fierce champions of the people in the entire state,” said Leader-Designate Driskell. “It is an honor and great pleasure to work with these individuals in this new capacity, and all of them are prepared to lead the Caucus in the face of the challenges that lie ahead of us.”
As Leader Pro Tempore, Representative Joseph will assist the Democratic Leader in carrying out designated responsibilities and perform such Leadership responsibilities as are assigned, including stepping in for the Leader as needed.
“I have had the distinct pleasure of knowing Representative Joseph for over 20 years. From the time we were at Georgetown Law to now, she has always been a consistent champion for justice. The issues she advocates for on behalf of all Floridians makes Representative Joseph an invaluable asset in defending Floridians against extremist Republican policies,” said Leader-Designate Driskell. “I look forward to Representative Joseph’s leadership as a key member of my team over the next two years.”
In her role as the Caucus Policy Chair, Representative Skidmore will be responsible for ensuring the Caucus continues to champion legislation that positively impacts all Floridians, and will lead discussions about bills before the House at Caucus meetings.
“As the previous Policy Chair for the Caucus, I know what is needed to do this job. Appointing Representative Skidmore as Policy Chair was an easy choice,” said Leader-Designate Driskell. “She stood out as a prime member in understanding policy during the last legislative term. Representative Skidmore also brings with her a wealth of experience as both a former House and Senate staffer and House member. Applying her unique skillset to this new role will benefit the Caucus and all Floridians.”
In his role as Floor Leader, Representative Gottlieb will be responsible in interpreting the House Rules, ensuring the Caucus adheres to the agreed upon rules, and working with his Republican counterpart in advocating for fair amounts of time be allotted to the Caucus in debating different pieces of legislation.
“Two things I greatly appreciate about Representative Gottlieb are his refreshing candor and strong fortitude,” said Leader-Designate Driskell. “As the minority party in the Legislature, we’re aware of the challenges that lie ahead of us. What we need right now is someone who is unwavering under extreme pressure to help guide our Caucus during difficult moments. Representative Gottlieb is perfectly suited for this role.”
As Whip, Representative Hunschofsky will be responsible for keeping all Democratic Caucus members apprised of Caucus policy on any bills or issues before the House.
“Representative Hunschofsky has an amazing ability to get things done,” said Leader-Designate Driskell. “Not only does Representative Hunschofsky possess a wealth of knowledge due to her experience as the former mayor of Parkland, Florida, she is also a champion of many initiatives close to Floridians’ hearts, such as expanding access to quality mental health care. I know Representative Hunschofsky’s knowledge and ability will help prepare our Caucus for the challenges of the next two year.”
The Florida House Democratic Caucus will convene during Organizational Session taking place Nov. 21-22, 2022 in advance of the 2023 Legislative Session scheduled to begin on March 7, 2023.
Black lives
VIDEO: State Rep. Dianne Hart elected chair of the Florida Legislative Black Caucus
Published
2 years agoon
November 20, 2022By
FNN NEWSORLANDO, Fla. (FNN) – State Representative Dianne Hart (D-Tampa), incoming Chair of the Florida Legislative Black Caucus, talks briefly with Florida National News on the importance of the Florida Blue Florida Classic at Camping World Stadium in Orlando Saturday. The Florida Classic is an annual college football rivalry game between Bethune–Cookman University and Florida A&M University.
Hart’s Twitter Statement:
Hart’s statement: “I’m honored to have been elected as the Chair of the Florida Legislative Black Caucus.” “I’m grateful to my colleagues for their support and for trusting me to move this important caucus forward.”
During the 2021 and 2022 Legislative Sessions, Rep. Hart served on the following House committees, including Democratic Ranking Member of the Infrastructure and Tourism Appropriations Subcommittee, Judiciary Committee, Joint Committee on Public Counsel Oversight, Ways & Means Committee, Criminal Justice & Public Safety Subcommittee, State Legislative Redistricting Subcommittee and Select Subcommittee on Authorized Gaming Activity.
Hart was first elected to the Florida House of Representatives in 2018. She is also the CEO of the East Tampa Business and Civic Association.
Black lives
Former State Rep. Bruce Antone Ready To Rejoin Florida House
Published
2 years agoon
October 21, 2022By
FNN NEWSORLANDO, Fla. (FNN) – Former Florida State Representative Bruce Antone served 12 years (six terms) in the Florida House of Representatives and defeated incumbent Democratic Rep. Travaris McCurdy during the August primary election to represent Orange County in the newly draw District 41 House seat.
Antone was among eleven candidates seeking election to county, state and Congressional seats participating in a candidate forum hosted by CFABJ, NAACP and the Florida Voters League, Wednesday, October 19, 2022.
Green Party nominee Robin Denise Harris is the only potential road block in Antone’s return to Tallahassee and faces off with him in the November general election. The District 41 House seat has an overwhelmingly Democratic voter base.
During his time in the Florida House, Antone was elected by his colleagues to serve as the Chairman of the 29-member Florida Legislative Black Caucus.
The general election is Tuesday, November 8, 2022.
Trending
- Entertainment1 day ago
Blue Man Group Returns to Orlando, Announces New Home at ICON Park
- US NATIONAL NEWS21 hours ago
National Fraternal Order of Police (FOP) Endorses Trump for President
- Health21 hours ago
Officials Celebrate Milestone at AdventHealth Minneola Topping-Out Ceremony
- US NATIONAL NEWS20 hours ago
President Biden Announces Key Appointments to Boards and Commissions