Conviction 'Extremely Likely' in George Floyd's Death, Says Ex-Dallas ADA Who Successfully Prosecuted Cop for Murder
Securing a murder conviction of a police officer is difficult and rare, but ex-prosecutor Mike Snipes did it. He's analyzed the charges against Minneapolis ex-officer Derek Chauvin and says a conviction is "extremely likely" for George Floyd's death.
June 04, 2020 at 12:57 PM
5 minute read
Prosecutors in the criminal case against former Minneapolis police officer Derek Chauvin for George Floyd's death have an "extremely likely" chance of winning a conviction, according to former prosecutor Mike Snipes.
His opinion comes from key experience: Snipes is one of the few prosecutors that has successfully prosecuted a murder case against an officer. Convictions in such cases are very rare.
At the time in 2018, Snipes was first assistant district attorney in Dallas County. He prosecuted Roy Oliver, a white police officer in Balch Springs who shot and killed 15-year-old Jordan Edwards, who was black, as Edwards was leaving a house party.
Read more: Litigator of the Week: A Rare Murder Conviction of a Police Officer
Chauvin's charges are second-degree murder and second-degree manslaughter for placing his knee on Floyd's neck for more than eight minutes until Floyd died. In addition, three other officers who were present when Floyd died are also facing charges, according to a CNN article. J. Alexander Kueng, Thomas Lane and Tou Thao were charged Wednesday with aiding and abetting second-degree murder.
We talked to Snipes, who is now a visiting judge in the First Administrative Judicial Region, to ask about his legal analysis of the case against the officers. Here are his answers, edited for brevity and clarity.
Texas Lawyer: What are your personal thoughts and feelings about the death of George Floyd, and the nationwide protests?
Judge Mike Snipes: The death is a horrible tragedy and the last thing in the world we needed right now with the pandemic going on. It couldn't have happened at a worst time. I fully, totally, 110% support the protests and demonstrations. These peaceful protests have been ruined to a degree by infiltrators causing violence, looting and vandalism. That has no place—ever.
Four former officers involved in his death are now facing criminal charges. I know it's difficult to win a conviction against an officer. Can you explain why?
Juries want to believe police officers, because police officers are the ones who protect them. They are loathe to second guess them when they have such dangerous jobs that require split-second decision making many times. That's why it's difficult, in a nutshell.
Can you share your legal analysis of the strengths and weaknesses of the murder and manslaughter charges against former Minnesota officer Derek Chauvin?
Well in Texas, it appears we have a similar statutory framework as in Minnesota. You can have a murder conviction if you intend to cause serious bodily injury, committed in a clear danger to human life, that results in death. Assuming that they have a similar statutory framework in Minnesota, that would be the backing that I would guess [Minnesota Attorney General Keith Ellison] would go with. I don't know what that officer meant—it's nothing good—but what he did was an action that would have caused serious bodily injury. It did. It did result in death. I think the conviction on him is extremely likely.
The other three former officers—J. Alexander Kueng, Thomas Lane and Tou Thao—are charged with aiding and abetting second-degree murder. What do you think may be the strengths and weaknesses of this case?
There is a very important distinction that needs to be made there: Mere presence at the scene of a crime isn't enough. There needs to be more. There needs to be something those three guys were doing to help out the actual murder. I don't know what it was, but it must be something. They can't just stand there and not do anything. Unless I'm missing something, that's not going to amount to a crime.
Video of the death shows and media has reported that Kueng and Lane helped Chauvin to restrain Floyd.
If they were doing that, then it would do it.
Minnesota Attorney General Keith Ellison has taken over the prosecution of the case. If you were him, how would you approach the prosecution? What would you stress to a jury?
Several things: No. 1, the amount of time that the officer had his knee on that guy's neck. No. 2, that he had to have known Mr. Floyd was in distress: He was yelling he couldn't breathe, and talking about his mother. Another one is that putting a knee on the neck is not an approved law enforcement tactic, anywhere. Not just Minnesota—but anywhere.
Read more: 'I Need to Protect This Prosecution': Minnesota AG Keith Ellison Will Lead George Floyd Case
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