Trying To Breathe While Black

After watching yet another video-gone-viral of yet another unarmed black man in Minneapolis getting murdered, I was horrified…then angry and disgusted over this senseless police brutality.

Even in 21st Century America, black people still can’t do the simplest things without getting arrested — or killed. First racism gave us “driving while black.” Then it was “drinking coffee while black” —or “trying to use the restroom at Starbucks (a time-honored tradition for all white people who can’t handle their lattes).” But now, it’s “trying to breathe while black” — and then dying for the effort? Wow. Sounds like another dystopic mini-series from Netflix. But it’s not. It’s real life that doesn’t seem real at all.

Then I started to wonder about making a citizen’s arrest…In these surreal times, would that have been possible in this case?

Could someone have actually made a citizen’s arrest of Officer Derek Chauvin, the policeman who killed bouncer/security guard George Floyd on Memorial Day, 2020?

Well, yeah, someone could have. But sometimes what’s legally and ethically possible is not what’s practically recommended by most lawyers.

According to Minnesota State Statutes 2019, the following conditions must be met in order for a citizen’s arrest to legally take place:

629.37 WHEN PRIVATE PERSON MAY MAKE ARREST
A private person may arrest another:
(1) for a public offense committed or attempted in the arresting person’s presence;
(2) when the person arrested has committed a felony, although not in the arresting person’s presence; or
(3) when a felony has in fact been committed, and the arresting person has reasonable cause for believing the person arrested to have committed it.
History: (10573) RL s 5232; 1985 c 265 art 10 s I

So any of those bystanders who witnessed Floyd’s murder in real time could have made a citizen’s arrest. They were present when the murder(not a public offense) was taking place. They heard Floyd cry out “I can’t breathe!” and beg for help. They saw Officer Chauvin bear his knee down on Floyd’s neck. They saw the other three cops on the scene aiding and abetting Chauvin by holding Floyd down and ignoring both bystanders and Floyd when they pleaded for mercy.

Furthermore, this offense they all witnessed was a serious crime — not something like spitting on the sidewalk or parking a car illegally. They didn’t need to watch “Law and Order” episodes to realize Chauvin’s actions involved murder by depraved indifference. They knew because they watched Floyd die before their very eyes; they witnessed Chauvin’s refusal to stop his excessive and unnecessary force. According to state law, any one of those eyewitnesses at the scene on May 25, 2020, could have made a citizen’s arrest of Officer Derek Chauvin…Me, too.

According to the wording of this statute, I could have made a citizen’s arrest, too. No, I wasn’t there on 38th and Chicago Avenue when Chauvin killed Floyd. But I’ve seen the video of this policeman actually killing George Floyd. That’s a felony. There’s no doubt in my mind that Chauvin’s steady and continuous pressure on Floyd’s neck caused his death. So I did see Officer Derek Chauvin commit a felony. Although this crime was not committed in my presence, I, as the would-be arresting person, would have had irrefutable and reasonable cause to believe that the person I wanted to arrest — Chauvin — committed the crime of murder.

Go back and read the statute again. There are no exemptions for policemen like Officer Chauvin, are there? In fact, there are no exclusions or exemptions that would prevent me(or anyone else) as a “private person,” from arresting another person who works in the criminal justice system. Policeman, sheriff, deputy, district attorney, defense attorney, judge — they all could be arrested by any citizen. As long as a crime was committed and conditions were met, occupational history would be moot. That’s because the focus of this statute is on the legal apprehension of a criminal, not on what the criminal might be doing for a living.

Good Luck, though, with trying to make a citizen’s arrest of a cop who has his gun, nightstick, taser, and handcuffs ready and in good working order. Especially if he just killed a guy before your very eyes. No doubt, if those bystanders had attempted to legally and justifiably arrest Chauvin, they wouldn’t have lived to tell the tale in an accompanying 911 call. For that reason alone, I’d NEVER encourage anyone to make a citizen’s arrest.

And yet, the letter of the law is clear: numerous bystanders or viewers could have made a citizen’s arrest in this case.

But the spirit of the law? Different story. Spirit of the law wants to get out of town fast before the cops give out another “knee hold.”

How ironic! This statute might have provided George Floyd with the necessary protection to save his life. But then, the law enforcers (like Chauvin) wouldn’t have enforced it because they themselves were breaking the law!

So the real problem here has nothing to do with the law — or even with maintaining law and order. It has everything to do with the police state that the police themselves have created. Cops don’t want any changes whatsoever in their M.O. because they live and thrive in their police state — and they want to keep it that way.

And keeping their police state intact means ignoring — even flagrantly disobeying — any laws they don’t like.

For those readers who vehemently disagree, I have two words: BODY CAM. You know those body cameras cops are obligated by law to wear when they’re on duty? They didn’t like to wear them. So a lot of cops weren’t wearing them. Period. Then some concerned citizens and their attorneys began noticing this blatant illegality. After much cajoling and negotiating, a decision was reached that pleased law enforcement and their unions. Cops would wear body cams, but they didn’t HAVE to turn them on. Problem solved, but only for the police state that didn’t want to record and document their bad policing.

Unfortunately, BODY CAM infractions are just the tip of the iceberg in this self-serving Copworld.

In this little fascist state, their modus operandi is based on skewed perceptions that come from their self-protective viewpoints, ideology, and communications. Their perception of reality, then, is vastly different from the public they’re supposed to protect and serve. Hint: it’s also rooted in their classic Us vs. Them attitude.

Ever notice how “I feared for my life” has been turned into a get-out-of-jail-free phrase for policemen who kill citizens? With these magic words, any cop could kill a nun in cold blood and then claim Sister Mary Elizabeth was packing heat under her wimple. Don’t laugh. Juries have been swayed by lamer excuses than that old scary nun story.(LOOK OUT! SHE’S GOT A RULER!)

Now there’s a new trope in town: RESISTING ARREST. And Copbrains have a completely different definition of “resistance” than most citizens have. As people living in a democracy, we know we have certain unalienable rights and freedoms. We also know we’re innocent until proven guilty. Most cops don’t see it that way, though.

Most cops believe that anyone detained or questioned by them must immediately obey their commands, yet also remain deferential, even silent, about what’s happening to them. That’s hard for anyone living in a democracy to do. It becomes a lot harder, however, if your arresting officer refuses to tell you why you’re being arrested. Oh, the police don’t mind arresting you. They just don’t like to tell you why they’re arresting you. So, they often don’t.

In their police state, they don’t answer your questions, they ask you the questions. And you’d better answer, too. If you don’t immediately respond in the way they want, regardless of any extenuating circumstances, you’re “resisting arrest.” So cops have a one-size-fits-all excuse that excuses any kind of excessive force they might use on you.

In the video, George Floyd shows himself to be compliant, cooperative, non-resistant. Somewhere along the line, though, he probably did ask why he was being arrested. When no direct, informative answers from the officers were forthcoming, he probably did seem hesitant about going down to police headquarters. Who wouldn’t feel that way?

The four cops who killed Floyd misinterpreted his mien as “resistance.” Why? Because they could. Because their police state allowed them to do so and always be right, even when they were wrong. By not telling citizens why they’re being arrested or explaining what they’re doing, the police are creating more work and problems for themselves than necessary. Almost as if they want to put people in a confusing situation so they will protest. That way, any restraining or tasering can be immediately justified. And then, they can get away with whatever police misconduct they want to inflict.

Of course, violent criminals do exist and do violently resist arrest. I’m not referring to those arrests. I’m referring to black people like George Floyd who have every right to ask “Why am I being arrested? What have I done? Is there a problem, officer?”

By the way, why was Floyd immediately cuffed and severely restrained for buying cigarettes at The Cup store with a fake $20 bill? Given the sophisticated computer reproduction systems being used nowadays, even seasoned experts can’t tell the difference between a counterfeit bill and a real one. So why were the cops treating Floyd like some psychotic criminal mastermind? Look in your purses and check your wallets, dear readers. For all we know, we might be in possession of counterfeit money, too.

Needless to say, more answers and information will be coming out at the upcoming trial. Watching that video not only showed blatant racism from the police state but also revealed something in the policemen’s demeanor that looked a lot like vengeance. A lot like they were punishing Floyd or getting even with him. Did these cops just decide Floyd was a diehard criminal because of the color of his skin? Or, did they have some history of dealing with Floyd before Memorial Day that no one else knew about? I don’t know now, but maybe some essential information long hidden will come out when Chauvin and the others are tried for Floyd’s murder.

At any rate, they’re going to be granted a due process that will be a lot better than the kind they gave to Floyd.