In this image from video, witness Jody Stiger, a Los Angeles Police Department sergeant testifies as Hennepin County Judge Peter Cahill presides Wednesday, April 7, 2021, in the trial of former Minneapolis police Officer Derek Chauvin at the Hennepin County Courthouse in Minneapolis. Chauvin is charged in the May 25, 2020 death of George Floyd. (Court TV via AP, Pool)

In this image from video, witness Jody Stiger, a Los Angeles Police Department sergeant testifies as Hennepin County Judge Peter Cahill presides Wednesday, April 7, 2021, in the trial of former Minneapolis police Officer Derek Chauvin at the Hennepin County Courthouse in Minneapolis. Chauvin is charged in the May 25, 2020 death of George Floyd. (Court TV via AP, Pool)

Expert: Chauvin never took knee off George Floyd’s neck

Bystander video of Floyd crying he couldn’t breathe as onlookers yelled at Chauvin to get off him sparked protests

Officer Derek Chauvin had his knee on George Floyd’s neck — and was bearing down with most of his weight — the entire 9 1/2 minutes the Black man lay facedown with his hands cuffed behind his back, a use-of-force expert testified Wednesday at Chauvin’s murder trial.

Jody Stiger, a Los Angeles Police Department sergeant serving as a prosecution witness, said that based on his review of video evidence, Chauvin applied pressure to Floyd’s neck or neck area from the time officers put Floyd on the ground until paramedics arrived.

“That particular force did not change during the entire restraint period?” prosecutor Steve Schleicher asked as he showed the jury a composite of five still images.

“Correct,” replied Stiger, who on Tuesday testified that the force used against Floyd was excessive.

Chauvin attorney Eric Nelson sought to point out moments in the video footage when, he said, Chauvin’s knee did not appear to be on Floyd’s neck but on his shoulder blade area or the base of his neck. Stiger did not give much ground, saying the officer’s knee in some of the contested photos still seemed to be near Floyd’s neck.

In other testimony, the lead Minnesota state investigator on the case, James Reyerson, agreed with Nelson that Floyd seemed to say in a police body-camera video of his arrest, “I ate too many drugs.”

But when a prosecutor played a longer clip of the video, Reyerson said he believed what Floyd really said was “I ain’t do no drugs.”

Chauvin, 45, is charged with murder and manslaughter in Floyd’s death May 25. Floyd, 46, was arrested outside a neighbourhood market after being accused of trying to pass a counterfeit $20 bill. A panicky-sounding Floyd struggled and claimed to be claustrophobic as police tried to put him in a squad car, and they pinned him to the pavement.

Bystander video of Floyd crying that he couldn’t breathe as onlookers yelled at Chauvin to get off him sparked protests and scattered violence around the U.S. and triggered a reckoning over racism and police brutality.

Nelson has argued that the now-fired white officer “did exactly what he had been trained to do over his 19-year career,” and he has suggested that Floyd’s drug use and his underlying health conditions are what killed him, not Chauvin’s knee, as prosecutors contend. Fentanyl and methamphetamine were found in Floyd’s system.

On Wednesday, Chauvin’s lawyer asked Stiger about uses of force that are commonly referred to by police as “lawful but awful.” Stiger conceded that “you can have a situation where by law it looks horrible to the common eye, but based on the state law, it’s lawful.”

READ MORE: Police chief: Kneeling on George Floyd’s neck violated policy

Nelson has argued, too, that the officers on the scene were distracted by what they perceived as an increasingly hostile crowd of onlookers.

But Stiger told the jury, “I did not perceive them as being a threat,” even though some bystanders were name-calling and using foul language. He added that most of the yelling was due to “their concern for Mr. Floyd.”

Nelson’s voice rose as he asked Stiger how a reasonable officer would be trained to view a crowd while dealing with a suspect, “and somebody else is now pacing around and watching you and watching you and calling you names and saying (expletives).” Nelson said such a situation “could be viewed by a reasonable officer as a threat.”

“As a potential threat, correct,” Stiger said.

Chauvin’s lawyer noted that dispatchers had described Floyd as between 6 feet and 6-foot-6 and possibly under the influence. Stiger agreed it was reasonable for Chauvin to come to the scene with a heightened sense of awareness.

Stiger further agreed with Nelson that an officer’s actions must be judged from the point of view of a reasonable officer on the scene, not in hindsight. Among other things, Nelson said that given typical EMS response times, it was reasonable for Chauvin to believe that paramedics would be there soon.

In other testimony, Stiger said that as Floyd lay pinned to the ground, Chauvin squeezed Floyd’s fingers and pulled one of his wrists toward his handcuffs, a technique that uses pain to get someone to comply, but Chauvin did not appear to let up while Floyd was restrained.

“Then at that point it’s just pain,” Stiger said.

Prosecutors stopped and started videos during the testimony from Reyerson, the lead state investigator, in an attempt to show the jury how long Chauvin held his position. Reyerson testified that Chauvin’s knee was on Floyd’s neck for two minutes after Floyd stopped talking, and for two minutes after Floyd ceased moving.

Stiger was asked by prosecutors whether Chauvin had an obligation to take Floyd’s distress into account as the officer considered how much force to use.

“Absolutely,” Stiger replied. “As the time went on, clearly in the video, you could see that Mr. Floyd’s … health was deteriorating. His breath was getting lower. His tone of voice was getting lower. His movements were starting to cease.”

“So at that point, as a officer on scene,” he continued, “you have a responsibility to realize that, ‘OK, something is not right. Something has changed drastically from what was occurring earlier.’ So therefore you have a responsibility to take some type of action.”

___

Webber reported from Fenton, Mich.

Amy Forliti, Steve Karnowski And Tammy Webber, The Associated Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

Racial injusticeUSA

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Rachna Singh, MLA for Surrey-Green Timbers, is the Parliamentary Secretary for Anti-Racism Initiatives. (Photo courtesy of flickr.com/photos/bcgovphotos)
A micro brewery is being eyed for Jordan River. However, the site where the brewery is proposed still needs to go through the rezoning process. (Black Press Media file)
Micro brewery proposed for Jordan River

Jordan River Brewing Company envisions to build wholesale, sit-in brewery along Highway 14

Traffic waits at the intersection of Highway 17 and Beacon Avenue. A study found failing levels of service at the intersection of Highway 17 and Sidney’s Beacon Avenue for multiple movements during morning peak traffic and for all left-moving traffic during afternoon peak traffic. (Wolf Depner/News Staff)
Province supports potential interim improvements to Sidney intersection

Province says interchange is the long-term plan for intersection of Beacon Avenue and Highway 17

Oak Bay local Lachlan Kratz (red, middle) has signed with pro rugby team NOLO Gold in Louisiana. (Contributed photo)
Oak Bay local signs with pro rugby team

Lachlan Kratz at 21 is now NOLO Gold’s youngest member

Vancouver resident Beryl Pye was witness to a “concerning,” spontaneous dance party that spread throughout social groups at Kitsilano Beach on April 16. (Screen grab/Beryl Pye)
VIDEO: Dance party erupts at Vancouver’s Kitsilano Beach to the dismay of onlookers

‘It was a complete disregard for current COVID-19 public health orders,’ says Vancouver resident Beryl Pye

Lord Tweedsmuir’s Tremmel States-Jones jumps a player and the goal line to score a touchdown against the Kelowna Owls in 2019. The face of high school football, along with a majority of other high school sports, could significantly change if a new governance proposal is passed at the B.C. School Sports AGM May 1. (Malin Jordan)
Power struggle: New governance model proposed for B.C. high school sports

Most commissions are against the new model, but B.C. School Sports (BCSS) and its board is in favour

Russ Ball (left) and some of the team show off the specimen after they were able to remove it Friday. Photo supplied
Courtenay fossil hunter finds ancient turtle on local river

The specimen will now make its home at the Royal BC Museum

Pall Bearers carrying the coffin of the Duke of Edinburgh, followed by the Prince of Wales, left and Princess Anne, right, into St George’s Chapel for his funeral, at Windsor Castle, in Windsor, England, Saturday April 17, 2021. (Danny Lawson/Pool via AP)
Trudeau announces $200K donation to Duke of Edinburgh award as Prince Philip laid to rest

A tribute to the late prince’s ‘remarkable life and his selfless service,’ the Prime Minister said Saturday

B.C. homeowners are being urged to take steps to prepare for the possibility of a flood by moving equipment and other assets to higher ground. (J.R. Rardon)
‘Entire province faces risk’: B.C. citizens urged to prepare for above-average spring flooding

Larger-than-normal melting snowpack poses a threat to the province as warmer weather touches down

Vancouver-based Doubleview Gold Corp. is developing claims in an area north of Telegraph Creek that occupies an important place in Tahltan oral histories, said Chad Norman Day, president of the Tahltan Central Government. (THE CANADIAN PRESS/HO)
B.C. Indigenous nation opposes mineral exploration in culturally sensitive area

There’s “no way” the Tahltan would ever support a mine there, says Chad Norman Day, president of its central government

Stz’uminus Elder George Harris, Ladysmith Mayor Aaron Stone, and Stz’uminus Chief Roxanne Harris opened the ceremony. (Cole Schisler photo)
Symbolic red dresses rehung along B.C. highway after vandals tore them down

Leaders from Stz’uminus First Nation and the Town of Ladysmith hung new dresses on Sat. April 17

A Western toadlet crosses the centre line of Elk View Road in Chilliwack on Aug. 26, 2010. A tunnel underneath the road has since been installed to help them migrate cross the road. Saturday, April 24 is Save the Frogs Day. (Jenna Hauck/ Progress File)
Unofficial holidays: Here’s what people are celebrating for the week of April 18 to 24

Save the Frogs Day, Love Your Thighs Day and Scream Day are all coming up this week

The Attorney General’s Ministry says certain disputes may now be resolved through either a tribunal or the court system, pending its appeal of a B.C. Supreme Court decision that reduced the tribunal’s jurisdiction. (AP Photo/Mark J. Terrill)
Court of Appeal grants partial stay in ruling on B.C. auto injuries

B.C. trial lawyers challenged legislation brought in to cap minor injury awards and move smaller court disputes to the Civil Resolution Tribunal

Most Read