Can America Survive the Derek Chauvin Trial?

With the trial of Derek Chauvin set to begin, America is bracing itself for the outcome of acquittal. Social justice activists brace because they’ve had their hearts broken repeatedly in high-profile cases involving black victims. Others believe second-degree murder was simply too high to shoot for, and the known evidence will lead to an acquittal.

But one thing we can agree with is riots are likely coming if Chauvin isn’t convicted for the murder of George Floyd.

Chauvin shocked the world after a video emerged of him leaning on the neck of Floyd while he cried out, stating he could not breathe. It sparked peaceful demonstrations, massive protests, and a summer of riots and looting. Based on the video alone, it’s a clear-cut case of murder with obvious intent. How could he not know Floyd was dying? He very clearly stated it.

The autopsy report complicates that narrative. At the time of his death, Floyd had a lethal amount of fentanyl in his system. The defense will most certainly argue Floyd died from an overdose. The Hennepin County Medical Examiner concluded Floyd’s “death was caused by the police subdual and restraint in the setting of severe hypertensive atherosclerotic cardiovascular disease, and methamphetamine and fentanyl intoxication.” However, Medical Examiner Dr. Andrew Baker also noted if Floyd had been found in his home, he would have concluded an overdose. Take that into account, along with Floyd’s underlying heart condition and recent Covid recovery. Reports have also stated there was no evidence Floyd died of strangulation.

Though there are no physical signs of strangulation, one could argue it’s obvious if a grown man is resting on a neck for almost 9 minutes, this result was inevitable. If Chauvin didn’t have intent walking into the situation, surely, he must have decided after ignoring Floyd’s cries.

Well, the leaked bodycam footage from The Daily Mail shows a more complicated story. Prior to its release, Floyd was painted as a helpless victim who hadn’t resisted arrest. In reality, Floyd at first refused to leave his car. Floyd expressed fear because he had previously been shot. He mentioned recently losing his mother, who had died two years prior. The police believed Floyd was on some kind of drug, stated he was “acting erratic.”

After handcuffed, Floyd loudly hissed and said, “Ouchie, man!” Floyd also resisted getting into the police car, claiming claustrophobia. The officers said they would crack the window, but he still resisted. Floyd stated he was “gonna die” a few times. After he made his way into the car, Floyd said he couldn’t breathe. Floyd then crawled out of the car and onto the ground.

I’m sure the defense will bring up that police deal with perps who say all sorts of things, even exaggerating, to get out of being arrested. This defense may seem callous and cold, but it’s also true and only has to sway the jury from intent.

Another complication is the neck hold itself. Though departments and politicians have thoroughly debated and shifted from certain holds after the incident, the defense will likely claim Chauvin was following procedure.

Even fierce defenders of the police like Brandon Tatum, a former officer and conservative commentator, have criticized Chauvin. Even if the hold was the procedure, it wasn’t a wise move, even for optic's sake.

Even still, unless the prosecution has hard evidence that has not been presented to the public, second-degree murder seems like a stretch. Perhaps it always was. The attorney general of the state is former DNC Co-Chair, Keith Ellison, who is radically left and a supporter of groups like Antifa. It’s likely the move was political rather than provable. If so, Minnesota will pay a steep price that will send a shockwave across the nation. Ellison is the lead prosecutor on the state’s case and said, “We have one goal and one goal only: justice for George Floyd.” That may explain why the full context of Floyd’s tragic demise was withheld from the public, even as the nation was inflamed with rage. Networks like CNN even tried to push back on the police’s claim that Floyd resisted arrest. If not for the leak, the public wouldn’t know the full truth.

It is possible Chauvin could face a lesser charge of third-degree murder, though a District Judge dismissed that charge last October. A court of appeals voted to put it back on the table. The other possible charge is second-degree manslaughter.

Protesters are already gathered. Minneapolis is beefing up security by partnering with other departments to produce 1,100 police officers and at least 2,000 Minnesota National Guard troops.

If last summer is any indication, other major cities may be at risk by bad actors. The verdict will also be a test for President Joe Biden, who has repeatedly sold into the narrative of America’s inherent racism, implied police officers are racist (in cases like the January 6 capitol riot). If an acquittal results in nationwide rioting, will mayors and governors who were more lax during the Trump presidency, suddenly act swiftly to put down rioters? Will Biden be able to act forcefully, since the media most likely won’t make up stories about kidnappings suspects and so on?

It’s possible the jury won’t vote for an acquittal either way. Would you want to risk being on the jury who failed to convict George Floyd’s killer? If this is where we are as a nation, we’ve entered a terrible place for our justice system. It would take great moral courage and dedication to our justice system to vote to acquit—if the facts tilt that way. The trial itself will not conclude for some time, but the biggest battle truly is being decided now, in the jury selection.

It’s also plausible the prosecution lays out a perfectly reasonable case, or the defense could fail to present their own. Jurors in the O.J. Simpson trial have laid that outcome at the feet of the prosecution. The evidence may be on your side, but you still have to make your case.

I expect we’ll hear, “No justice, no peace,” sometime in the near future. The only question is: whose justice? And the more pressing question is whether America can live with the result.