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

In a feature article published April 10, 2021 in The Times of London, ‘headlined British Columbia has what it takes to rival Napa Valley,’ the valley is praised extensively for its natural beauty and wine. (File photo)
From the U.K. with love: Okanagan wine, scenery receives international praise

The Times of London newspaper recently featured the valley in a wine and travel piece

The future of the Eagle Pass Lookout cabin is being discussed. (File photo)
Options presented for future of former Eagle Pass fire lookout in Shuswap

Stakeholders met in 2020 to discuss the restoration, or possible removal of the cabin

FILE — In this March 31, 2021 file photo, a nurse fills a syringe with a dose of the Johnson & Johnson’s one-dose COVID-19 vaccine at the Vaxmobile, at the Uniondale Hempstead Senior Center, in Uniondale, N.Y. The U.S. is recommending a “pause” in administration of the single-dose Johnson & Johnson COVID-19 vaccine to investigate reports of potentially dangerous blood clots. In a joint statement Tuesday, the Centers for Disease Control and Prevention and the Food and Drug Administration said it was investigating clots in six women in the days after vaccination, in combination with reduced platelet counts. (AP Photo/Mary Altaffer, File)
72 new COVID-19 cases in Interior Health

This brings the total number of cases in the region to 9,666 since the pandemic began

The Literacy Alliance of the Shuswap Society will be expanding its offerings to seniors this year and hopes to return its Cyber Seniors program when one-to-one training is once again allowed. (Photo contributed)
Shuswap organization aims to help seniors become more cyber savvy

BC Hydro report finds seniors reluctant to use

The Salmon Arm RCMP are investigating a Saturday, April 10 gathering at Blackburn Park for provincial health order violations. (Jim Elliot/Salmon Arm Observer)
Salmon Arm RCMP investigating Blackburn Park rally

Police say more than 200 people in attendance

Restaurant patrons enjoy the weather on a patio in Vancouver, B.C., Monday, April 5, 2021. The province has restricted indoor dining at all restaurants in B.C. due to a spike in COVID-19 numbers. THE CANADIAN PRESS/Jonathan Hayward
B.C.’s COVID-19 indoor dining, drinking ban extending into May

Restaurant association says patio rules to be clarified

A dumpster was on fire behind a residential complex in downtown Penticton Tuesday afternoon. (Brennan Phillips Western News)
Dumpster fire extinguished in downtown Penticton

There has been a string of dumpster fires lately

Skogie’s Express Tunnel Wash on Anderson Way in Vernon. (Submitted photo)
Lawsuit dismissed after vehicle damaged while inside Okanagan car wash

Civil Resolution Tribunal dismisses driver’s claim following a collision inside Skogie’s car wash in Vernon

(Mayor Cindy Fortin - Peachland)
Peachland mayor declines early vaccination offer

Mayor Cindy Fortin said she wants seniors, immunocompromised individuals to get the shot first

B.C. Premier John Horgan speaks at the B.C. legislature. (B.C. government)
Tougher COVID-19 restrictions in B.C., including travel, still ‘on the table’: Horgan

John Horgan says travel restrictions will be discussed Wednesday by the provincial cabinet

NorKam secondary student Karis Wilson in the outfit that got her sent home from school on Feb. 23, 2021. (Kamloops This Week photo)
Clothing that ‘detracts from learning process’ removed from SD73 student dress code

Policy change underway after student in knee-length dress, long-sleeve turtleneck sent home

Conservation officers caught three men over fishing bull trout in Kinbasket Lake. (Facebook)
B.C. men fined $1.7K for overfishing near Revelstoke, Golden

The seized fish were donated to the Golden Food Bank

A shop up on Grand Oro Road near Twin Lakes burned down on Monday. (Facebook)
Fire rips through shop in small South Okanagan town

The building was destroyed despite community efforts to fight the fire

WATCH: Conservation group releases short doc on saving South Okanagan’s ‘precious’ Sickle Point

Sickle Point, the last intact wetland near Skaha Lake, is facing the prospect of development

Most Read