Former federal prosecutor discusses charges against former officer

"We’re here today because George Floyd is not here," Minnesota Attorney General Keith Ellison began. "He should be here, he should be alive, but he’s not."

With that, Ellison announced he’s filing second-degree murder charges against former Minneapolis Police Officer Derek Chauvin.

He’s also charging three other former officers—Thomas Lane, Tou Thao, and J Alexander Keung, with aiding and abetting second-degree murder and aiding and abetting manslaughter.

"I strongly believe these developments are in the interest of justice for Mr. Floyd, his family, our community, and our state," Ellison said. "We are working together in this case with only one goal: justice for George Floyd."

All four former officers have bail set at 1-million dollars each.

Chauvin’s initial court appearance is on Monday.

The other three officers are due in court Thursday.

It’s the beginning, experts say, of a long legal process that could take a year or more.

"It’s always difficult to prove a murder case, and it’s always difficult to prove a felony murder," says Steve Schleicher, a former federal and state prosecutor. "It’s always difficult to prosecute law enforcement and obtain convictions."

Schleicher says convicting the four former officers won’t be easy.

But he thinks the 2nd-degree unintentional murder charge by Ellison against Chauvin makes sense.

"He’s not alleging that the death was caused intentionally by Officer Chauvin, but that Officer Chauvin intended to cause an assault which resulted in the death," Schleicher says.

Under this theory, prosecutors would have to prove Chauvin’s intent was to assault, not to kill.

The key evidence?

The finding that the former officer placed his knee on Floyd’s neck for nearly nine minutes.

"If they can prove that the neck compression was an assault and that act was a substantial factor in his death, they can prove that charge," Schleicher explains.

Prosecutors say a first-degree murder charge, as Floyd’s family wanted, would have required ‘premeditation and deliberation.’

But they say a second-degree charge against Chauvin is appropriate.

"I believe the evidence available to us now supports the stronger charge of second-degree murder," Ellison says. "We have consulted each other, and we agree."

And what about the other three officers?

They each face aiding and abetting murder and manslaughter charges.

"The government would have to prove that they intended to aid the underlying felony assault," Schleicher says. "So they would have to show that the three officers were not trying to assist an arrest, they were trying to assist a felony-level assault."

Ellison isn’t saying how long his investigation of the four will take.

But he says he doesn’t want to rush the process.

"Trying this case will not be an easy thing. Winning a conviction will be hard," Ellison says. "What I do believe is that one successful prosecution can rectify the hurt and the loss that so many people feel. The solution to that pain will be slow and difficult work of constructing justice and fairness in our society. That work is the work of all of us."

Hennepin County Attorney Mike Freeman, who’s working in tandem with Ellison, is the only prosecutor in Minnesota who’s successfully convicted a police officer for murder.

There is also a parallel effort by the US Justice Department, called a ‘color of law’ investigation.

That probe will look into whether Floyd was deprived of his civil rights.

All of this will take prosecutors and investigators a year, perhaps more, Schleicher says.

"They placed themselves in the position of having to investigate and litigate at the same time, which is always difficult," he says. "In addition to that, now they’ve taken on the burden of charging three more individuals, each of whom would have a right to trial."

Ellison says history shows there will be ‘clear challenges’ ahead.

"To the Floyd family, to our beloved community, and to everyone that is watching, I say George Floyd mattered. He was loved. His family was important. His life had value, and we will seek justice for him, and for you, and we will find it," he said.