Derek Chauvin guilty in death of George Floyd

By Mike Hayes, Melissa Macaya, Melissa Mahtani, Meg Wagner, Veronica Rocha and Joshua Berlinger, CNN

Updated 12:06 AM ET, Wed April 21, 2021
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8:45 a.m. ET, April 20, 2021

National Guard deployed in Twin Cities area, agency says

From CNN's Josh Campbell and Dan Przygoda

Members of the National Guard patrol along Hennepin Avenue on April 16 in Minneapolis, Minnesota.
Members of the National Guard patrol along Hennepin Avenue on April 16 in Minneapolis, Minnesota. Joshua Lott/The Washington Post via Getty Images

With the trial of former Minneapolis police officer Derek Chauvin now in deliberations, members of the Minnesota National Guard are deployed in the Twin Cities to protect people, property and the First Amendment right of protesters, a National Guard spokesperson tells CNN.

"The MN National Guard’s mission is to protect people, prevent property destruction, and preserving first amendment rights," Lt. Col. Scott Hanks told CNN.

"The Guard will be assigned roles by the Minneapolis Police Department in areas throughout the city to deter acts of violence and free up law enforcement to perform their role where it is needed most. Additionally, we will be ensuring the cities EMS and Fire departments are able to safely get to and conduct their life saving missions throughout the city. This city, these communities are where we live and work, we want to keep them safe," he continued.

Asked if the National Guard was allowed to make arrests, the spokesperson said that their mission places them together or in close proximity with law enforcement at all times, and while operating "under [law enforcement] direction and authority, the [National Guard] has limited ability to detain," Lt. Col. Hanks said.

Hanks added that the National Guard "has not issued and will not use any riot control agents, nor less than lethal munitions. Those capabilities reside with law enforcement." 

As CNN has reported, with the Chauvin trial underway in Minneapolis and consecutive nights of unrest on the streets of nearby Brooklyn Center following the fatal police shooting of Daunte Wright, more than 3,000 Minnesota National Guard members have now been activated in the Twin Cities area.

8:30 a.m. ET, April 20, 2021

The case is in the jury's hands. Here's what we know about the group tasked with reaching a verdict.

From CNN’s Aaron Cooper and Eric Levenson

The jury in Derek Chauvin's trial heard from 45 witnesses and were shown bystander and police footage of George Floyd's final moments. 

Prosecutors called 38 witnesses to testify, including police use-of-force experts who criticized Chauvin and medical experts who explained how Floyd died. The defense called seven witnesses of its own — but not Chauvin himself, as he invoked his Fifth Amendment right not to testify.

The prosecution and defense presented closing arguments yesterday, and the jury will begin day two of deliberations today. The jurors will remain sequestered for deliberations and will stay in a hotel at night.

Hennepin County Judge Peter Cahill dismissed the two alternate jurors yesterday.

Fourteen jurors heard evidence in the case for nearly three weeks, but only 12 jurors are needed to decide the case. The last two jurors selected, number 96, a white woman in her 50s and number 118, a white woman in her 20s, were excused by the court.  

While the jurors are unnamed and not seen on camera, we do know basic details about them:

  • Of the remaining jurors, two are in their 20s, three each are in their 30s, 40s and 50s and one juror is in her 60s. 
  • Six are white, four are black and two are multiracial, according to information released by the court.  
  • The jury selection process began March 9 at the Hennepin County Government Center and wrapped up exactly two weeks later. 
  • The jurors all come from Hennepin County, which is demographically about 74% White and 14% Black, according to census data.
  • The prospective jurors previously completed a 16-page questionnaire that asked for their personal thoughts on Black Lives Matter, policing and other topics.
  • In court, each person was sworn in and then questioned one-by-one in a process known as voir dire. The juror's name, address and other information are kept anonymous.
  • Eric Nelson questioned the prospective jurors for the defense, while Steve Schleicher questioned them for the prosecution.

If convicted, Chauvin could face up to 40 years in prison for second-degree murder, up to 25 years for third-degree murder, and up to 10 years for second-degree manslaughter. The charges are to be considered separate, so Chauvin could be convicted of all, some or none of them.

2:30 p.m. ET, April 20, 2021

Key things to know about the charges against Derek Chauvin in the death of George Floyd

From CNN's Eric Levenson

What was going through Derek Chauvin's mind when he kneeled on a handcuffed, prone George Floyd for nine minutes and 29 seconds last May?

That key question is at the heart of the three charges against the former Minneapolis Police officer and will be top of mind for jurors when their deliberations begin. To render a verdict, they'll also have to interpret Minneapolis Police policies, Floyd's cause of death, and the specific language of the law.

Chauvin, 45, has pleaded not guilty to charges of second-degree unintentional murder, third-degree murder and second-degree manslaughter.

  • The second-degree unintentional murder charge alleges Chauvin caused Floyd's death "without intent" while committing or attempting to commit felony third-degree assault. In turn, third-degree assault is defined as the intentional infliction of substantial bodily harm.
  • The third-degree murder charge alleges Chauvin caused Floyd's death by "perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life."
  • The second-degree manslaughter charge alleges Chauvin caused Floyd's death by "culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm."

Each of the three charges requires prosecutors to prove that Chauvin's actions were not objectively reasonable and that they were a substantial cause of Floyd's death. But the charges differ primarily in how they interpret his intent and mindset during his restraint of Floyd.

Some of the terms in these charges have specific definitions. Others will be left up to the jury to interpret.

As in any criminal case, the prosecution has the burden of proof and must prove the charges beyond a reasonable doubt. Any verdict the jury reaches must be unanimous.

Remember: The charges are to be considered separate, so he can be convicted of all, some or none of them. If convicted, Chauvin could face up to 40 years in prison for second-degree murder, up to 25 years for third-degree murder, and up to 10 years for second-degree manslaughter.

The actual sentences would likely be much lower, though, because Chauvin has no prior convictions. Minnesota's sentencing guidelines recommend about 12.5 years in prison for each murder charge and about four years for the manslaughter charge. The judge would ultimately decide the exact length and whether those would be served at the same time or back-to-back.

Read more about the charges against Chauvin here.

8:20 a.m. ET, April 20, 2021

Biden called Floyd family yesterday as White House closely monitors trial

From CNN's Betsy Klein

President Biden spoke with Philonise Floyd, the brother of George Floyd, on Monday, delivering well wishes as the family and nation awaits a verdict in the trial of Derek Chauvin.

“He was just calling. He knows how it is to lose a family member. And he knows that the process of what we’re going through so he was just letting us know that he was praying for us, and hoping that everything would come out to be okay,” Floyd told NBC’s Today Show on Tuesday morning.

The call comes as the White House has closely monitored the trial. Aides are considering or drafting statements for Biden to deliver, either in person or in writing, once a verdict is delivered.

Biden is trying to strike a balance between acknowledging racial inequity while also maintaining calm, wanting neither to replicate the heavily militarized response to protests under Trump nor to appear absent in the face of violence or unrest directed at law enforcement, all while acknowledging the systemic racism that pervades the system.