As it is understood from the camera on the police officers, the officers approach the vehicle. There are three people in the vehicle, including George Floyd in the driver’s seat. Officer Lane starts talking to George Floyd while taking out his gun and pointing at him to raise his hands. When Floyd puts his hands on the wheel, the police officer lowers his gun.
While officer Kueng is talking to the other person in the car, officer Lane takes Floyd off the car, then handcuffs. Floyd actively counteracts handcuffs.
When Floyd is handcuffed, he walks along the sidewalk with Officer Lane and sits down on the sidewalk. Officer Lane asks Floyd for his name and identity. Officer Lane asks Floyd if he is under the influence of drugs and reports that he has been detained for money fraud.
Officer Kueng and Lane lift Floyd up and try to take him to the team car. At 20:14, Floyd refuses to walk, stops where he is, and throws himself to the ground saying that he has fear of closed space.
Meanwhile, Officer Derek Chauvin (accused) and Tou Thoa arrive at the scene with another team car.
Police officers made multiple attempts to get Floyd into the team car, but were not successful. Floyd does not get into the car with his own consent; he refuses to ride, resists police officers and does not stand. Floyd’s height is over 180 cm and is about 90 kilos.
While standing outside the car, Floyd says he can’t breathe and repeats it. The defendant (police officer) passes to the passenger door side and tries to get Floyd into the vehicle, Officer Lane and Kueng help.
At 20:19 o’clock, the suspect lays down on his stomach in a handcuffed state. Officer holds Kueng Floyd’s waist and Lane legs. The defendant presses the left knee into Floyd’s neck. Floyd says “I can’t breathe” more than once, “mom” and “please”. The defendant and two other officers stand in their places.
The officers say, “You can speak” as Floyd moves back and forth. Officer Lane asked, “Should we turn him to the other side?” He then says, “No, how we put it will stand like that.”
In the images obtained through the camera on the police officers, it is seen that Floyd continues to move and breathe. Floyd stops moving at 20:24. At 20:25, Floyd stopped breathing and talking. Lane says he wants to turn Floyd. Officer checks the pulse of Kueng Floyd and tells him that he cannot find the pulse.
At 20:27, the defendant removes the knee from Floyd’s neck. An ambulance and emergency medical personnel arrive at the scene, place Floyd on the stretcher and the ambulance leaves the scene. The Hospital where he arrived explains that Floyd has died.
Forensic medicine specialist of the hospital performs autopsy of Floyd on 25.05.2020. Although the entire autopsy report has not been published yet, the autopsy specialist shared its initial findings. In the report; it was stated that no findings were found to support the diagnosis of “traumatic drowning”. Floyd has heart disease due to hypertension and coronary heart disease.
Floyd’s capture by police officers has been counted as contributing factors to his underlying illness and the death of any “intoxicating substance” in his blood.
The defendant pressed the knee to the neck of the defendant for 8 minutes 46 seconds. 2 minutes and 53 seconds of this time is from the moment Floyd is unresponsive.
This is the subject of the indictment against the accused police officer Chauvin.
Based on the available data; the accused must have repeatedly pressed her throat to prevent her breathing for two minutes after learning that the pulse of the victim is not pulsing, the victim must not be able to breathe, and because of these issues, the defendant should have predicted that the act would lead to death, but due to the knowledge and experience he had in his profession, It can be thought that it does not take any precautions to prevent it from being absent, but on the contrary, it has the thought of “no matter” with its comfortable attitudes, and for all these reasons, its intent may indicate the possible / possible muscle. In this case, it can be concluded that there is a defect in the perpetrator that surpasses conscious taxiing.
After it has been determined that the defendant’s intentional force has exceeded its limits, it will also be necessary to consider whether the intent’s intent is to kill or injure. In order for the offender to constitute the crime of wounding, which is aggravated by the outcome of the act, the offender should be intentional injury. In the meantime, if the outcome of death has occurred, the perpetrator will be held responsible for the crime of injury, which has been intensified not because of deliberately killing people. If the perpetrator is not willing to commit a crime, but because of inattention, carelessness, inattention, violation of rules or inexperience in profession and art, conscious or unconscious negligence will come to the agenda according to whether the result is predictable or not. For the perpetrator who surpasses the conscious action, does not show an explicit killing caste, but does not care about the death outcome that may arise from a defective move, probable muscle-based penalty may arise.
As a result; when the indictment, forensic reports, and camera images are analyzed, it is concluded that in our opinion, the responsibility for the punishment, which transcends simple and conscious taxonomy and reaches the level of caste, and at least the possible caste is found. For the other police officers who were at the scene and who made the first intervention to the victim, and who did not interfere with the defendant’s act, which could be the subject of a crime by exceeding the police force, they could be held responsible for deliberate killing or negligence of negligence in cases of defect. Police officers have statutory guarantor obligations to protect and protect people’s lives and property. The police officer, who does not fulfill the requirement of this obligation deliberately or by inexperience in his profession or not following the rules, is held responsible for the negligence movement.
