Times-Herald (Vallejo)

Expert: Cop justified in pinning down Floyd

- By Amy Forliti, Steve Karnowski and Tammy Webber

Use-of-force expert for defense in Derek Chauvin’s murder trial cites George Floyd’s frantic resistance.

Former Officer Derek Chauvin was justified in pinning George Floyd to the ground because of his frantic resistance, a use-offorce expert testified for the defense Tuesday, contradict­ing a parade of authoritie­s from both inside and outside the Minneapoli­s Police Department.

Taking the stand at Chauvin’s murder trial, Barry Brodd, a former Santa Rosa, California, police officer, said officers don’t have to wait for something bad to happen; they need only to have a reasonable fear that there’s a threat and then adjust their actions accordingl­y.

“It’s easy to sit and judge ... an officer’s conduct. It’s more of a challenge to, again, put yourself in the officer’s shoes to try to make an evaluation through what they’re feeling, what they’re sensing, the fear they have, and then make a determinat­ion,” Brodd said.

No deadly force?

He also said he didn’t believe Chauvin and the other officers used deadly force when they pinned Floyd on his stomach, with his hands cuffed behind his back and Chauvin’s knee on his neck or neck area for what prosecutor­s said was 9 1/2 minutes.

Brodd likened it to a situation in which officers used a Taser on someone fighting with officers, and the suspect fell, hit his head and died. “That isn’t an incident of deadly force. That’s an incident of an accidental death,”hesaid.

Several top Minneapoli­s police officials — including the police chief — have testified that Chauvin used excessive force and violated his training. And medical experts called by prosecutor­s have testified that Floyd died from a lack of oxygen because of the way he was restrained.

Chauvin, a 45-year-old white man, is on trial on charges of murder and manslaught­er in Floyd’s death last May after his arrest of suspicion of passing a counterfei­t $20 at a neighborho­od market.

Training

Chauvin attorney Eric Nelson has argued that Chauvin did what he was trained to do and and that Floyd died because of his illegal drug use and underlying health problems, including high blood pressure and heart disease. Fentanyl and methamphet­amine were discovered in his system.

And as the defense began presenting its case on Tuesday after the prosecutio­n rested following 11 days of testimony and a mountain of video evidence, Nelson sought to plant doubt in jurors’ minds.

He brought up a 2019 arrest in which Floyd suffered from dangerousl­y high blood pressure and confessed to heavy use of opioids, and suggested that the Black man may have suffered from “excited delirium” — what a witness described as a potentiall­y lethal state of agitation and even superhuman strength that can be triggered by drug use, heart disease or mental problems.

Chauvin’s lawyer also elicited testimony Tuesday from another witness that Floyd panicked and cried over and over, “Please, please, don’t kill me!” when officers first approached his SUV at gunpoint on the day of his death.

Nelson called to the stand Nicole Mackenzie, a Minneapoli­s police training officer, to expound on excited delirium. While Floyd was pinned to the ground, a relatively new officer at the scene had mentioned that the 46-year-old Black man might be suffering from such a condition.

Mackenzie testified that incoming officers are told how to recognize the signs of excited delirium: Suspects may be incoherent, exhibit extraordin­ary strength, be sweaty or suffering from abnormally low body temperatur­e, or seem like they suddenly snapped. Officers are told that cardiovasc­ular disease, illegal drug use or mental problems can trigger excited delirium, she said.

She said officers are also trained to put a suspect in a recovery position and to call paramedics, because a person can rapidly go into cardiac arrest.

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 ?? COURT TV ?? Defense attorney Eric Nelson, left, speaks as defendant, former Minneapoli­s police officer Derek Chauvin, right, listens, Tuesday in the trial of Chauvin at the Hennepin County Courthouse in Minneapoli­s, Minn. Chauvin is charged in the death of George Floyd.
COURT TV Defense attorney Eric Nelson, left, speaks as defendant, former Minneapoli­s police officer Derek Chauvin, right, listens, Tuesday in the trial of Chauvin at the Hennepin County Courthouse in Minneapoli­s, Minn. Chauvin is charged in the death of George Floyd.

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