Derek Chauvin, ex-officer in George Floyd case, has 3rd-degree murder charge dismissed

The former police officer seen on video kneeling on Floyd’s neck for about eight minutes still faces the more serious charge of second-degree murder.

The former police officer seen on video kneeling on Floyd’s neck for about eight minutes still faces the more serious charge of second-degree murder.

David K. Li is a breaking news reporter for NBC News.

A Minnesota judge on Thursday dropped a third-degree murder charge against former Minneapolis police officer Derek Chauvin in the case of George Floyd, a Black man who died in police custody in May.

Chauvin, who was shown in video kneeling on Floyd’s neck for about eight minutes, still faces the greater charge of second-degree murder, in addition to a charge of second-degree manslaughter.

Hennepin County District Judge Peter Cahill also let stand all other charges against Chauvin’s co-defendants.

Cahill ruled that while third-degree murder is applicable when a defendant’s actions could have harmed “others,” prosecutors are accusing Chauvin in the death of just one victim, Floyd.

“The language of the third-degree murder statute explicitly requires the act causing the ‘death of another’ must be eminently dangerous ‘to others,'” Cahill wrote.

Minnesota Attorney General Keith Ellison, whose office is handing the case, downplayed the dismissal.

“The court has sustained eight out of nine charges against the defendants in the murder of George Floyd, including the most serious charges against all four defendants,” Ellison said in a statement.

“This means that all four defendants will stand trial for murder and manslaughter, both in the second degree. This is an important, positive step forward in the path toward justice for George Floyd, his family, our community, and Minnesota. We look forward to presenting the prosecution’s case to a jury in Hennepin County.”

Mark Osler, a former federal prosecutor who is a law professor at the University of St. Thomas in Minnesota, said losing a lesser included charge is at least a small setback for the state. Any jurors who might feel uncomfortable convicting Chauvin of second-degree murder now have one fewer avenue to convict him of a serious offense.

“They wouldn’t have charged it if they didn’t want it going in front of a jury,” Osler said. “You always want to give options to a jury.”

Chauvin’s attorney, Eric J. Nelson, could not be immediately reached for comment Thursday.

The judge let stand all charges against three other former Minneapolis officers in the case, J. Alexander Kueng, Thomas Lane and Tou Thao, who are all charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter.

Floyd’s death sparked protests around the country and the world against police brutality and systemic racism.

No charges for Wisconsin officer in killing of Black teen

MADISON, Wis. (AP) — A Black Wisconsin police officer who fatally shot a Black teenager outside a suburban Milwaukee mall in February won’t be charged because he had reasonable belief that deadly force was necessary, a prosecutor said Wednesday.

Wauwatosa Officer Joseph Mensah shot 17-year-old Alvin Cole outside Mayfair Mall on Feb. 2 after police responded to a reported disturbance at the shopping center.

Milwaukee County District Attorney John Chisholm, in a 14-page letter laying out his rationale, said evidence showed Cole fled from police carrying a stolen 9 mm handgun. He cited squad car audio evidence, along with testimony from Mensah and two fellow officers, that he said showed Cole had fired a shot while fleeing and refused commands to drop the gun.

“He did not surrender the weapon and was fired upon by Officer Mensah causing his death,” Chisholm wrote. He concluded: “(T)here is sufficient evidence that Officer Mensah had an actual subjective belief that deadly force was necessary and that belief was objectively reasonable.”

Cole was the third person Mensah has fatally shot since becoming an officer, and his death has sparked periodic protests in Wauwatosa and the Milwaukee area. Gov. Tony Evers announced earlier Wednesday that he had activated National Guard members as a precaution, though he didn’t say how many or how they were being used. Guard spokesman Maj. Joe Trovato later said “hundreds” of troops were at the ready.

The city of Wauwatosa issued a nightly 7 p.m. curfew after Chisholm’s decision was announced, to run until next Monday. Many people ignored the curfew, marching peacefully in the city.

Late Wednesday evening and well past the curfew, a group of a few hundred protesters confronted a police line. Police said some in the group were throwing rocks at law enforcement and buildings and that they used tear gas to disperse the protesters. Footage posted on social media showed the gas and the crowd retreating.

WISN-TV reported windows broken at several businesses on the city’s north side, including a pharmacy, coffee shop, wall coverings store, cleaners and fitness center.

Scores of people surrounded the Milwaukee County Public Safety Building as Cole’s attorney and family members met with Chisholm, some chanting, “Say his name! Alvin Cole!” and “Justice! When do we want it? Now!”

Chisholm’s report noted that Cole’s gun had a spent round in the chamber — the one that investigators believe he fired while running, possibly striking himself in the arm — and that the magazine was recovered in his sling bag, meaning the gun had no more bullets in it when he was shot. Mensah and two other officers at the scene said Cole pointed the gun at them.

Cole’s sister, Taleavia Cole, insisted the shooting wasn’t justified because her brother could not have fired at Mensah. She said he should not be allowed to continue working as an officer.

“The fight continues. It doesn’t end here,” said his sister, Taleavia Cole. ”… It’s time for DA Chisholm to retire or step down.

Chisholm also said that he didn’t believe the state had enough evidence to disprove that Mensah was defending himself or others, so he couldn’t meet the burden required to bring charges. Kimberley Motley, a family attorney for the Coles, seized on Chisholm’s wording.

“Chisholm did not say that the shooting was justified,” Motley said. “And that’s really important.”

Motley, who also represents the families of the two other people killed by Mensah, said if he had been fired earlier then Cole would still be alive.

“We are not done fighting,” she said. “We are still going to fight for a conviction of Officer Joseph Mensah.”

Chisholm told the Milwaukee Journal Sentinel in an interview that he understood some people would be angry or disappointed by his decision, but he said he wouldn’t change his “objective review” because of it. He said that although Mensah had been cleared in all three of his shootings, Chisholm was concerned about his involvement in so many.

This creates an incredible dilemma for the city of Wauwatosa and the Wauwatosa Police Department and the community,” he told the newspaper. “I’ve never been cavalier about that.”… What is unique about this case is that it just creates such a liability for (shooting) number four. Everybody recognizes that.”

The Wauwatosa Police and Fire Commission suspended Mensah with pay in July, and he has appealed that suspension. The commission hired former U.S. Attorney Steven Biskupic to investigate the case with an eye toward what discipline Mensah might face. In a report released earlier Wednesday, Biskupic recommended that Mensah be fired, saying the risk he might shoot a fourth person is too great.

Biskupic also wrote that Mensah violated department policy when he spoke to the media about the shooting in July.

An attorney for Mensah didn’t respond to a phone message from The Associated Press.

There’s no body-camera video of the Cole shooting because Wauwatosa’s officers aren’t equipped with them. The city did release squad car dashcam video that shed little light on what happened.

Cole’s death sparked protests in Wauwatosa throughout the summer, including in and around the mall and outside a house where Mensah was staying. Two men were charged in an August altercation at the house after a shotgun was fired.

Mensah was not charged in the 2016 death of Jay Anderson Jr. or the 2015 death of Antonio Gonzales. Police have said Mensah shot Gonzales eight times after he refused to drop a sword. In Anderson’s case, Mensah approached a parked car where Anderson was sleeping and said he saw a gun and thought Anderson was reaching for it, so he shot him six times.

Wauwatosa Police Chief Barry Webber said in a recorded message that his department “concurs’ with the decision but “hears the message” from the public. He said the department has taken steps to improve policing, such as providing added training, posting department police and procedures online and requiring body cameras for all officers by January.

Evers also activated the state’s National Guard in August, the morning after a Kenosha police officer shot Jacob Blake, a Black man, in the back. The shooting sparked three days of protests over police actions and racism, and caused an estimated $50 million in damage to roughly 100 downtown businesses. Minnesota Gov. Tim Walz also activated Guard members after George Floyd’s death in police custody in Minneapolis set off protests and damaging riots and arson in that state.

In anticipation of protests after the announcement of the charging decision, Wauwatosa officials shut down City Hall and the library for about three days, beginning at noon Wednesday. News of the decision comes after high-profile deaths of Black people during interactions with police sparked protests that spread around the world over the summer and led to a national reckoning on race in America.

Correction: An earlier version of this story said Taleavia Cole disputed Chisholm’s conclusion that her brother had fired at Mensah. The district attorney’s report did not assert that Cole fired at Mensah; only that Cole’s gun was fired as he was pursued by police and a security guard.

Associated Press writers Amy Forliti, Steve Karnowski and Doug Glass in Minneapolis and Dave Kolpack in Fargo, North Dakota, contributed to this report.

2 Cops Fired After Allegedly Beating Multiple Porcupines to Death

Two former Maine police officers were charged with animal cruelty last week, reportedly on allegations that, while on duty, they beat multiple porcupines to death with retractable batons.

The accusations against the Rockland police officers, who were fired in September, were detailed in a report filed by an investigator with the Maine Warden Service, the law enforcement arm of the state’s Department of Inland Fisheries & Wildlife, according to the local Courier Gazette, which viewed the document.

The former officers, Addison Cox and Michael Rolerson, admitted to killing several porcupines when speaking to a Game Warden investigator, according to the Gazette, but expressed regret over it. Rolerson also admitted to sometimes pepper-spraying porcupines. Another officer allegedly posted video of one of the attacks to Snapchat.

The incidents were first revealed when another officer reported Cox and Rolerson to department superiors in August, spurring an investigation that revealed Rolerson killed an estimated eight porcupines, while Cox said he killed three, according to the Gazette.

“These porcupines were in their natural habitat and causing no harm,” Officer Anne Griffith wrote in an Aug. 29 statement to her supervisor after learning about the incidents, according to the Gazette. “Officer Rolerson not only chased the animal in the woods to kill it, but returned with a smile on his face and appeared as though he enjoyed it.”

One of several Rockland police officers interviewed last month by Game Warden investigator Kevin Anderson said he was once with Rolerson when the officer suddenly jumped out of a car to beat a porcupine, according to the Gazette. Others said a video of Rolerson beating something on the ground, exclaiming, “I got him,” was shared to a Snapchat group of officers back in June, followed by a photo of a dead porcupine.

Rolerson and Cox both served in Afghanistan with the U.S. Marine Corps, according to the Gazette. Rolerson told Anderson he suffers from post-traumatic stress disorder and sees porcupines as a nuisance, although he doesn’t necessarily dislike them. Cox, meanwhile, looked up to Anderson and told Anderson he wanted to be like him. Cox has received multiple awards in his four years with the department, according to the Gazette, and was once praised as an “avid outdoorsman” and “resident Raccoon Whisperer” after he aided a baby racoon in 2017, according to Portland’s CBS affiliate, WGME. 

Cox and Rolerson were fired Sept. 22, before they were charged last week with Class C aggravated animal cruelty and a misdemeanor count of night hunting, or hunting after dark, according to the Gazette. Cox was also charged with unlawful use or possession of implements or aids, according to the Gazette, while Rolerson was charged with illuminating wild animals or birds. Both are misdemeanors.

The officers are appealing their firings, according to the Gazette. Rolerson’s attorney, Stephen Smith, declined to comment. It wasn’t immediately clear whether Rox had retained an attorney. Both are scheduled to appear in court Nov. 9. The local Teamsters Union that represents Rockland officers did not immediately return a VICE News request for comment.

Kenneth Smith, the officer accused of posting the video of Rolerson killing a porcupine to Snapchat, is on administrative leave, according to the Gazette. He denied posting video of the porcupine beating in June, according to the Gazette, although Rolerson said Smith had shared it.

The city’s police chief, Chris Young, wrote in a Facebook post Sept. 30 that he couldn’t fully detail the allegations and why they had triggered terminations, as he was bound by Maine law to not disclose employee disciplinary action.

“A tremendous amount of power is given to those who wear a badge and are tasked with protecting their communities; it’s a power that I do not take lightly,” Young wrote. “I’m asking you to trust that, if there were an allegation of police misconduct, I would take it very seriously and any investigation would be conducted appropriately, always placing public safety and community trust at the forefront.”

Cover: A full grown porcupine photographed in its enclosure in the Cottbus animal park.’ A North American porcupine was born on 19 March 2018 and it is the first time ever that a porcupine and been born in the park. Photo by: Patrick Pleul/picture-alliance/dpa/AP Images