Skip to main content

New top story from Time: Derek Chauvin Was Just Sentenced to 22 and a Half Years. But America’s Law-Enforcement System Still Isn’t Set Up for Accountability

https://ift.tt/3qzaLLK

A Minneapolis judge on Friday sentenced former police officer Derek Chauvin, for the murder of George Floyd last May, to 22.5 years in prison—a rare event in the nation’s criminal justice system, and one that many will regard as the end of a gruesome chapter in the American story.

Yet this moment also highlights a disturbing truth about policing and accountability, one that remains unresolved: prior to killing George Floyd, Derek Chauvin was one of a substantial number of officers who have been the subject of repeated civilian complaints but never faced serious discipline from their departments. The early warning signs of dangerous police conduct often go unheeded, police-reform advocates argue, and the officers involved are rarely punished and even more rarely face prison time. Even Minneapolis, the city perhaps most closely associated with public demands for policing reform, has, in the 13 months since Floyd’s killing, taken steps to curtail public knowledge of repeat officer misconduct. So, while Friday’s sentencing may represent a rare example of criminal penalties, the most severe form of officer discipline possible, it does little to address the existence of policing systems across the country that are not set up to head off problems before they get to that point.
[time-brightcove not-tgx=”true”]

“I think there will be a sense of closure, which is worth something; a sense of accountability this one time, which is worth something,” says Abigail Cerra, a former public defender and one-time lawyer in the city’s Civil Rights Office who now works in the private sector and volunteers on the city’s Police Conduct Oversight Commission. (The views she shared in an interview days before Chauvin’s sentencing, she stressed, are her own and do not represent the commission.) “[But] given that I sit in the space of oversight … at this moment I feel really concerned. I don’t feel that hopeful.”

Read more: George Floyd’s Family Reacted to the Verdict With an Uncontrollable Cry. That Sound Echoes Through Black America

Over the course of his 19-year police career, Chauvin was involved in multiple shootings and was the subject of at least 17 civilian complaints. State prosecutors, who can seek court orders forcing the department to produce a wider array of records, have referred to as many as five additional civilian complaints filed against Chauvin, some involving allegations of neck restraints and excessive force. However, in response to the 17 complaints city officials acknowledged in a summary provided to TIME and other media outlets, Chauvin had received only two letters of reprimand, which in Minneapolis are considered a form of discipline.

Weeks after Chauvin’s conviction in state court for the Floyd murder, federal officials charged him with criminally violating the civil rights of both Floyd and a 14-year-old boy Chauvin is alleged to have restrained and beat in 2017. The complaint the boy’s family filed at the time resulted in no discipline. Had the 2017 complaint been escalated beyond that, Chauvin might have been formally warned that a repeat would put his job in jeopardy or that he might be prosecuted. With the benefit of hindsight, it is easy—and still so difficult—to imagine a world in which Derek Chauvin would have been deemed ineligible to police, much less to train other officers, years before his contact with Floyd.

“What it really says is … there was just a lack of discipline in the Minneapolis police department,” says Samuel Walker, an emeritus Professor of Criminal Justice at the University of Nebraska at Omaha, who was commissioned several times to conduct national research on policing for the U.S. Department of Justice. “He kept getting off the hook. It’s pretty shocking to look at that record.”

In this screen grab from video, former Minneapolis police officer Derek Chauvin is seen during victim impact statements as Hennepin County Judge Peter Cahill presides over sentencing, Â Friday, June 25, 2021 in Minneapolis. Â Chauvin faces decades in prison in the death of George Floyd.
Pool photo by Court TV/APIn this screen grab from video, former Minneapolis police officer Derek Chauvin is seen during victim impact statements as Hennepin County Judge Peter Cahill presides over sentencing, Friday, June 25, 2021 in Minneapolis.

Lax discipline, a problem in departments across the country, contributes to a culture in which officers believe that misconduct will be tolerated, says Walker. It’s so common it’s almost a cliche but, evidence of culture problems often shows up in the shorthand of department nicknames and insider lingo, he says. In the 1990s, Walker spent time in the Minneapolis area conducting research; he remembers Minneapolis police being referred to as “thumpers.” Even the then police chief used the term in conversation with Walker, he says. Cerra says she has also heard the term used today to refer to specific Minneapolis police officers who often use brute force.

Since Floyd’s death, Minneapolis officials, including the city’s first Black police chief Medaria Arradondo and Mayor Jacob Frey, have publicly welcomed an ongoing Justice Department investigation, supported restricting use of no-knock warrants and non-lethal rounds during protests, added detail to the department’s duty-to-intervene policy, created a duty to report excessive uses of force to the department, and banned chokeholds and neck restraints, among other actions. They established a special medical training unit for officers providing focused training on the deadly risks of restraining people in the prone position, long after first agreeing to do so in a 2013 settlement with the family of another Black man killed by Minneapolis police, David Smith.

But, during that same period, city officials have also more quietly changed language in the police department’s policy manual. City officials denied to TIME removing the requirement that “discipline shall be imposed” when evidence of misconduct is found, but an archived online copy of the manual includes the phrase; the latest version instead says conduct violations “will subject the employee to discipline and/or legal action.” And, public records show they debated in August and September 2020, after Floyd’s death, whether “coaching”—usually requiring a single meeting in which the problem behavior is discussed and alternatives made clear—is discipline, and the risks and benefits of putting coaching on the non-discipline side of the ledger. The most recent version of the police department manual now spells out explicitly that coaching is a “non disciplinary management tool,” “not discipline.”

What may sound like bureaucratic minutiae matters.

Most years, the overwhelming majority of civilian complaints determined to be true are resolved with coaching then marked as resolved with no discipline. The details of incidents that end in coaching or other forms of non-discipline are not a matter of public record. No Minneapolis officers, for example, have yet been officially disciplined for force used against peaceful protesters after Floyd’s death, says Cerra. And, she says, ever since the fact that coaching is not discipline was spelled out, some city officials refused to provide the kind of detailed complaint data that commission members had previously been able to review. As a result, the public and the volunteer police oversight board will now have a harder time identifying problem policing patterns.

The police conduct commission—which, while it cannot discipline officers, can conduct investigations, make recommendations, create or change policies or lobby lawmakers—did not meet for five months last year. First the pandemic caused delays. Then, when a resignation on the oversight commission left the body without its legally required number of members, no appointment was made for months.

Read more: Inside Ben Crump’s Quest to Raise the Value of Black Life in America

In the 13 months since Floyd’s death, it has also become clear that some city lawyers did not, over the course of Chauvin’s career, turn information or allegations about Chauvin’s conduct over to defense lawyers in various cases, Cerra says. This allowed Chauvin and other officers with similar histories to testify in court without being questioned about their history.

To Cerra, if that’s what’s happened in Minneapolis, a city at the epicenter of the nation’s civil rights crisis, the same or worse is possible elsewhere. Last year, a New York Times analysis found that the New York Police Department “reduced or rejected recommendations for stiff discipline of officers in about 71 percent of 6,900 significant misconduct matters.” And a Los Angeles Times evaluation of complaint data found that of the 3,763 complaints filed against Los Angeles police officers in 2019, only about 10% were deemed valid. When the paper looked only at complaints filed by civilians, just 4% were deemed valid.

Cerra has been left, even as Chauvin is sentenced, with a haunting question.

“How many Derek Chauvins are still working?” Cerra says she wonders. “There’s no way he’s the only one. And if we don’t open up the books and try to figure it out … we’re all in a lot of trouble. It’s just a matter of time until it happens again.”

with reporting by Mariah Espada and Simmone Shah

Comments

Popular posts from this blog

India records 43,082 new Covid-19 cases, 492 deaths in a day; tally breaches 93 lakh-mark https://ift.tt/3mdvWjd

India on Friday reported 43,082 new coronavirus cases and 492 deaths, taking total number of cases in the country to 93 lakh. According to the Union Health Ministry data, there are currently 4 lakh active cases across the country, while over 87 lakh patients have been discharged.

SFMTA’s Cable Car Signal Tower Gets a Refresh

SFMTA’s Cable Car Signal Tower Gets a Refresh By Jeremy Menzies At the corner of California and Powell Streets stands a diminutive but important building that has been in use for well over 100 years. This octagonal signal tower controls the crossing of the Powell and California Street cable car lines, and recently underwent a full restoration thanks to the skilled craftspeople at the Cable Car Division. A group photo of Muni craftspeople and shop management who worked to restore the signal tower in 2020-2021. The tower’s history dates to 1888 when the original was built by the Ferries and Cliff House Railroad, which operated cable cars on Powell Street at the time. That tower was destroyed in the 1906 earthquake and fires that ravaged Nob Hill. In March 1907, it was rebuilt by then-owner United Railroads of San Francisco (URR) and went back into operation. Photo showing signal tower in 1908 with the Fairmont Hotel and passengers waiting for a cable car in the background. Photo c...

Hop Onboard Muni and Enjoy Downtown Union Square

Hop Onboard Muni and Enjoy Downtown Union Square By Pamela Johnson The iconic Cable Cars are just one of the many options to get you to all the holiday festivities in Downtown Union Square! The SFMTA would like to wish you a Happy Holidays! With festivities, dining, shopping and all the many holiday activities to choose from, Downtown Union Square, much like the rest of the city is making optimistic strides in the city’s economic recovery. Catching Muni, paratransit or a taxi to downtown supports small businesses and is a big boost to our transit goals. Below is a comprehensive list of transit and parking options to head into the heart of the downtown shopping and festivities this holiday season.    Central Subway Special Weekend Shuttle  The Central Subway’s Special Weekend Shuttle has got you covered on Saturday and Sunday’s every 12 minutes from 8 am to 12 am. Deboard at our new Union Square/Market Street Station . From here, you can also transfer to BART’s Po...

New top story from Time: ‘We’re Nowhere Close to the Deal’. Coronavirus Aid Package Talks Break Down as Trump Rejects Help for Cities

https://ift.tt/3098lHW WASHINGTON — President Donald Trump on Wednesday dismissed Democratic demands for aid to cash-strapped cities in a new coronavirus relief package and lashed out at Republican allies as talks stalemated over assistance for millions of Americans. Another lawmaker tested positive for the virus. Republicans, beset by delays and infighting, signaled a willingness to swiftly approve a modest package to revamp a $600 weekly unemployment benefit that’s running out. But House Speaker Nancy Pelosi, D-Calif., roundly rejected that approach as meager, all but forcing Republicans back to the negotiating table. Without action, the aid expires Friday. “We’re nowhere close to the deal,” said White House chief of staff Mark Meadows. He said they’re “miles apart.” Stark differences remain between the $3 trillion proposal from Democrats and $1 trillion counter from Republicans, a standoff that is testing Trump and Congress ahead of the November election and putting...

New Muni Service Changes Start Saturday, August 19

New Muni Service Changes Start Saturday, August 19 By Clive Tsuma 28R 19th Avenue will run on weekdays between 7 a.m. and 7 p.m. starting Monday, August 21.  Back to School  With SFUSD students returning to school August 16, many families who rely on Muni to get to school will see service increase after school as part of the new schedule. Because Muni vehicles often become crowded during morning peak hours and sometimes pass up stops when there is not enough room for more riders, families are encouraged to plan their trips ahead of time and hop on Muni early to make sure students get to school on time.  With every public school in the San Francisco Unified School District being served by at least one Muni route , students can expect extra Muni service on the first day of the school this fall and continue providing service throughout the school year. While the Muni service changes won’t be implemented until August 19, school tripper service will be offered starting Au...

New top story from Time: U.S. Agents to Pull Back in Portland But Will Remain on Standby

https://ift.tt/3gclOEH (PORTLAND, Ore.) — The Trump administration and Oregon leaders declared victory after it was announced that U.S. agents guarding a federal courthouse during violent demonstrations in Portland will pull back, but it wasn’t clear the agreement will reduce tensions that have led to more than two months of protests. Oregon Gov. Kate Brown said Wednesday agents with U.S. Customs and Border Protection and Immigration and Customs Enforcement will begin leaving the city’s downtown area on Thursday, but Acting Secretary for the Department of Homeland Security Chad Wolf wouldn’t specify where they would go. He insisted a federal presence would remain in Portland until the Trump administration was assured the agreement was working and the Oregon State Police was sufficiently protecting federal property. Many demonstrators are peaceful, but smaller numbers have thrown fireworks, flares, rocks and ball bearings at federal agents, used green lasers to blind them ...

Safer and Easier Parking in Every City-Owned Facility

Safer and Easier Parking in Every City-Owned Facility By Pamela Johnson Parking at any of our 22 city-owned facilities is now easier and safer than ever. Late last month we completed the Parking Access Revenue and Control Systems (PARCS) project. This four-year effort replaced aging parking equipment with modern technology and significant operational upgrades. Customer using new PARCS kiosk at North Beach parking garage Patrons will notice enhanced lighting, new wayfinding signs, audible alarms, cameras, gate arms, and payment machines with two-way digital intercoms . Behind the scenes is an all-new parking management system and 24/7 command center, connected to every machine. Can’t find your ticket to pay for parking?  No worries! Thanks to license plate recognition technology, cameras located at every facility’s entrance capture patrons’ plate numbers as they arrive . If a customer loses her ticket, the manager is able to re-issue a ticket based on her license plate...

Gene Henderson: Honoring Muni’s First Black Division Manager

Gene Henderson: Honoring Muni’s First Black Division Manager By Jeremy Menzies In recognition of Black History Month, we bring you the story of Gene Henderson, the first Black man to become the head of a Muni bus division, Muni’s Kirkland Division. Henderson’s Background Gene Henderson was born in Houston, Texas, in 1916. He married his wife Naomi in 1939 and then served in the U.S. Army during World War II. Following the war, Gene and his family moved to San Francisco where he began his career at the San Francisco Municipal Railway. Early Career On February 1, 1946, Henderson was hired as a streetcar motorman out of Sutro Division, which was located on the corner of 32nd Ave. and Clement St. He was hired just five years after Muni’s first Black transit operator, Audley Cole, had successfully fought to integrate the carmen’s union in 1941. In his early days at Muni, Gene worked one of the three lines running out of Sutro Division from the Ferry Building to the Richmond District o...

New top story from Time: President Trump Has Attacked Critical Race Theory. Here’s What to Know About the Intellectual Movement

https://ift.tt/36k3AyY During the first general election Presidential debate on Tuesday night, President Donald Trump was asked to explain his Administration’s directive to all federal agencies to stop anti-bias trainings that rely on critical race theory or address white privilege. “I ended it because it’s racist. I ended it because a lot of people were complaining that they were asked to do things that were absolutely insane, that it was a radical revolution that was taking place in our military, in our schools, all over the place,” Trump said, though he did not directly answer moderator Chris Wallace’s question about whether he believes that systemic racism exists in the U.S. “We were paying people hundreds of thousands of dollars to teach very bad ideas and frankly, very sick ideas. And really, they were teaching people to hate our country, and I’m not going to allow that to happen.” The directive to federal agencies wasn’t the only time Trump has taken aim at critic...

PM Modi extends birthday wishes to Sonia Gandhi https://ift.tt/3lYD7eu

Prime Minister Narendra Modi on Wednesday extended birthday greetings to Congress Interim President Sonia Gandhi. Taking to Twitter, Prime Minister Modi said, "Birthday greetings to Smt. Sonia Gandhi Ji. May God bless her with a long and healthy life."