Live Updates: Trial Over George Floyd's Killing The 2020 killing of George Floyd, a Black man, sparked nationwide protests and a reckoning about race and policing. A former Minneapolis police officer was convicted of murder in April.

Live Updates: Trial Over George Floyd's Killing

The latest from the sentencing of convicted murderer Derek Chauvin

Jennifer Starr Dodd, center, and other supporters react to the sentencing of former Minneapolis police officer Derek Chauvin for the murder of George Floyd, Friday, at George Floyd Square in Minneapolis. Chauvin was sentenced to 22 1/2 years in prison. Julio Cortez/AP hide caption

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Jennifer Starr Dodd, center, and other supporters react to the sentencing of former Minneapolis police officer Derek Chauvin for the murder of George Floyd, Friday, at George Floyd Square in Minneapolis. Chauvin was sentenced to 22 1/2 years in prison.

Julio Cortez/AP

As Derek Chauvin's 22 1/2-year prison sentence for the murder of George Floyd was announced to a crowd gathered outside the Minneapolis courthouse, people processed the news with mixed reactions.

There was subdued debate following the proceedings that people streamed on cell phones, but those more vocal took in the news like a gut punch.

Immediate cries of "Is that it," "That's not justice" and profanities rang out from furious protesters who hoped to see the former police officer get more time behind bars.

Chauvin's sentence for second-degree murder, which Hennepin County Judge Peter Cahill said includes the 199 days that Chauvin has already served, exceeds Minnesota's minimum guidelines by about 10 years, but falls short of the 30-year sentence sought by prosecutors.

State Attorney General Keith Ellison said Chauvin's sentence "is one of the longest a former police officer has ever received for an unlawful use of deadly force."

Chauvin, who is white, was convicted in April of second-degree unintentional murder, third-degree murder and second-degree manslaughter for killing Floyd by pressing his knee onto Floyd's neck for more than 9 minutes as the Black man lay on the pavement face-down while handcuffed.

Floyd's killing, captured on video, incited protests across the country against police brutality and racial injustice.

Though it's highly rare for a police officer to be convicted and handed such a heavy sentence for killing a person while on duty, many were disappointed.

"Just because it's the most time doesn't mean it's enough time," said local protest leader Nekima Levy Armstrong.

Others considered a 20-plus year sentence a hopeful precedent in the ongoing fight to hold law enforcement accountable.

At George Floyd Square, as the intersection where Floyd was killed is now known, Jennifer Starr Dodd, joined a crowd watching the proceedings on a live stream broke into applause at the sentence.

"There's going to be more George Floyds, there's going to be more Trayvon Martins, there's going to be more Daunte Wrights, unfortunately," Dodd said, referring to other Black people who died on the streets. "But I have hope now that they can get the consequences that they deserve for doing their missteps in their actions."

Philonise Floyd speaks at a news conference Friday in Minneapolis after the sentencing hearing of former Minneapolis police officer Derek Chauvin in the murder of George Floyd. Christian Monterrosa/AP hide caption

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Christian Monterrosa/AP

Philonise Floyd speaks at a news conference Friday in Minneapolis after the sentencing hearing of former Minneapolis police officer Derek Chauvin in the murder of George Floyd.

Christian Monterrosa/AP

The family of George Floyd and their attorneys said Friday that the sentencing of Derek Chauvin offers closure, accountability — and a step toward healing for both the family and the nation.

They also demanded political action for lasting change.

"For once, a police officer who wrongly took the life of a Black man was held to account. While this shouldn't be exceptional, tragically it is. Day after day, year after year, police kill Black people without consequence. But today, with Chauvin's sentence, we take a significant step forward – something that was unimaginable a very short time ago," said the family's statement, released by civil rights attorney Ben Crump.

But in an interview with NPR, Floyd's brother Philonise Floyd said he was disappointed. "I just think he should have receive the maximum amount. This is just accountability. I think this was a slap on the wrist. A lot of people are looking at this and they want to know what's going on with America, but at the same time, he did get sentenced, so that was a good thing."

Chauvin, a former Minneapolis Police officer, was sentenced to 22 1/2 years in prison on Friday for the murder of George Floyd on Memorial Day last year.

The family members say that they now wish to see Chauvin convicted on the federal charges pending against him and that the other three former officers charged will "face consequences for their actions."

The family's formal statement struck a note of progress.

"It's important to acknowledge how far we've come. Those who raised their voices to demand justice for George Floyd need to know that their activism made a difference," the family said.

The family pointed not only to Chauvin's conviction and sentencing but also to reforms made around the country, including restrictions on chokeholds and improved training and protocols.

But Floyd's relatives said they don't want the change to end there.

"We need this sentence to usher in a new era of accountability that transforms how Black people are treated by police. To achieve that," they said, "we need the U.S. Senate to pass the George Floyd Justice in Policing Act without further delay."

The U.S. House of Representatives, led by Democrats, passed the measure in March. Senators announced preliminary bipartisan agreement on police reform Thursday night, though specifics of the plan were not immediately clear.

President Biden had said he hoped Congress would pass the reform effort by the first anniversary of Floyd's death.

Minnesota Attorney General Keith Ellison speaks with reporters Friday at the Hennepin County Courthouse in Minneapolis, where former police officer Derek Chauvin was sentenced. Court TV via AP/Pool hide caption

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Court TV via AP/Pool

Minnesota Attorney General Keith Ellison speaks with reporters Friday at the Hennepin County Courthouse in Minneapolis, where former police officer Derek Chauvin was sentenced.

Court TV via AP/Pool

Minnesota Attorney General Keith Ellison said the prison sentence handed down Friday to Derek Chauvin for the murder of George Floyd was a "moment of real accountability" in the ongoing national reckoning over policing.

"It's difficult to see anyone lose their freedom, but seeing somebody lose their life through torture over 9 1/2 minutes is incomparably worse," Ellison said.

The 270-month sentence given to Chauvin, who was found guilty of second-degree murder in Floyd's death, was one of the longest prison terms ever issued to a former police officer for the unlawful use of deadly force, Ellison noted.

"My hope is that he takes the time to learn something about the man whose life he took and about the movement that rose up to call for justice in the wake of George Floyd's torture and death," he added.

But Ellison said more still had to be done to restore people's trust in law enforcement.

He urged Congress to pass the George Floyd Justice in Policing Act, implored police officials and prosecutors to ensure there is accountability in the criminal justice system and asked community members to continue pushing for change.

"This is what we need to do. What will happen if we don't do it?" Ellison asked. "We will slip deeper into our century-long cycle of inaction."

Hennepin County, Minn., Judge Peter Cahill presides over the sentencing of former Minneapolis police officer Derek Chauvin on Friday. He sentenced Chauvin to 22 1/2 years in prison for George Floyd's murder. Court TV via AP/Pool hide caption

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Hennepin County, Minn., Judge Peter Cahill presides over the sentencing of former Minneapolis police officer Derek Chauvin on Friday. He sentenced Chauvin to 22 1/2 years in prison for George Floyd's murder.

Court TV via AP/Pool

A Minnesota judge sentenced former Minneapolis police officer Derek Chauvin to 22 1/2 years in prison Friday for the murder of George Floyd.

Judge Peter Cahill wrote that part of the mission of the Minneapolis Police Department is to give citizens "voice and respect."

"Mr. Chauvin, rather than pursuing the MPD mission, treated Mr. Floyd without respect and denied him the dignity owed to all human beings and which he certainly would have extended to a friend or neighbor. In the Court's view, 270 months, which amounts to an additional ten years over the presumptive 150-month sentence, is the appropriate sentence."

Read Cahill's entire sentencing order and memorandum for Chauvin below.

Chauvin, 45, was convicted in April of all three charges he faced — second-degree unintentional murder, third-degree murder and second-degree manslaughter.

He was sentenced only on the first of the charges, the most serious, as is typical in Minnesota.

Cahill said Chauvin's crime included four aggravating factors: that Chauvin abused a position of trust and authority as a police officer, that he treated Floyd with "particular cruelty," that he committed the crime as part of a group with at least three other people and that children were present during the commission of the offense.

Former Minneapolis police Officer Derek Chauvin addresses the court Friday as Judge Peter Cahill presides over his sentencing at the Hennepin County Courthouse in Minneapolis. Court TV via AP/Pool hide caption

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Court TV via AP/Pool

Former Minneapolis police Officer Derek Chauvin addresses the court Friday as Judge Peter Cahill presides over his sentencing at the Hennepin County Courthouse in Minneapolis.

Court TV via AP/Pool

Derek Chauvin, wearing a gray suit and tie, spoke briefly in court Friday ahead of his sentencing for George Floyd's murder last year.

Chauvin said he could not give a full formal statement due to some "additional legal matters at hand," possibly a reference to pending federal criminal charges he is also facing in Floyd's death.

"Very briefly though, I do want to give my condolences to the Floyd family," Chauvin said, turning to where some of Floyd's relatives were seated in the courtroom.

He added, cryptically, there would be additional details about the case that Floyd's family may want to hear — without explaining what he meant.

"There's going to be some other information in the future that would be of interest. And I hope things will give you some, some peace of mind. Thank you," Chauvin said.

Gianna Floyd, the 7-year-old daughter of George Floyd, appears in a video played Friday during victim impact statements in the sentencing of former Minneapolis police officer Derek Chauvin in Minneapolis. Court TV via AP/Pool hide caption

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Court TV via AP/Pool

Gianna Floyd, the 7-year-old daughter of George Floyd, appears in a video played Friday during victim impact statements in the sentencing of former Minneapolis police officer Derek Chauvin in Minneapolis.

Court TV via AP/Pool

Wearing a gray headband with a bow on it, George Floyd's daughter Gianna told the court that she missed her father.

In a two-minute prerecorded video, 7-year-old Gianna answered questions from a woman off camera.

"I ask about him all the time," Gianna said. She then explained what she asks about: "How did my dad get hurt?"

The video was the first of four victim impact statements in Friday's sentencing of Derek Chauvin, the former Minneapolis police officer convicted in April of murdering George Floyd on Memorial Day 2020.

In the video, the woman asked Gianna if she wished her father was still here.

"Yeah. But he is," Gianna replied.

"Through his spirit?" the woman asked.

"Yes," Gianna said.

She said when she is reunited with her father someday, she wants to play with him.

"I want to play with him, have fun. Go on a plane ride. And that's it."

"We used to have dinner meals every single night before we went to bed. My daddy always used to help me brush my teeth," Gianna said, smiling at the memory.

How do you hope the world remembers him? the woman asked.

"Well, they help him because of those mean people did something to him."

Gianna said if she had the chance to speak to her father now, she would tell him she loves him and she misses him.

George Floyd's brother Philonise, shown here in May, delivered a victim impact statement in court on Friday. Patrick Semansky/AP hide caption

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George Floyd's brother Philonise, shown here in May, delivered a victim impact statement in court on Friday.

Patrick Semansky/AP

Through tears, Philonise Floyd told the court during his victim impact statement that he started having nightmares and losing sleep after his brother George's murder last year.

"For an entire year, I had to relive George being tortured to death every hour of the day, only taking naps and not knowing what a good night's sleep is anymore," he said.

Philonise Floyd, who asked the judge to impose the maximum prison penalty on former Minneapolis police officer Derek Chauvin, said his family would be affected for the rest of their lives by the death of his brother.

"My family and I have been given a life sentence. We will never be able to get George back."

George's 7-year-old daughter, Gianna, would be especially hurt by the loss, Philonise said.

"Daddies are a daughter's first love. He will never be able to walk Gianna down the aisle at her wedding, attend those magical moments of her life like a daddy-daughter dance, Sweet 16 party. Seeing her out for proms, graduations," he said. "She will never be able to have any personal memories with her father."

Philonise Floyd also recounted how he went from being a "trucker" to speaking at the United Nations and in various countries around the world on his brother's behalf.

"I've been lifting my voice tirelessly every day so that George's death would not be in vain."

Carolyn Pawlenty, the mother of former Minneapolis police officer Derek Chauvin, speaks in court Friday on her son's behalf. She asked Judge Peter Cahill to be lenient in sentencing her son. Court TV via AP/Pool hide caption

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Court TV via AP/Pool

Carolyn Pawlenty, the mother of former Minneapolis police officer Derek Chauvin, speaks in court Friday on her son's behalf. She asked Judge Peter Cahill to be lenient in sentencing her son.

Court TV via AP/Pool

Derek Chauvin's mother told a Minneapolis judge that the former police officer has a big heart, and she opposed a lengthy sentence for her son, who was convicted of second-degree murder in the death of George Floyd last year.

Carolyn Pawlenty said Chauvin's selfless character has been twisted by the media into an unfair depiction.

"My son's identity has also been reduced to that of a racist, " Pawlenty said. "I want this court to know that none of these things are true and that my son is a good man."

She said that the public "will never know the loving and caring man he is" and that she has always supported her son 100%.

Addressing her son, who was sitting nearby at Friday's sentencing hearing, "I have always believed in your innocence, and I'll never waver from that."

She pleaded with Judge Peter Cahill for leniency.

"When you sentence him, you will also be sentencing me," she said. "I won't be able to see him or give him our special hug. When he is released, his father and I most likely won't be here."

MINNEAPOLIS (AP) — A judge on Friday rejected former Minneapolis police Officer Derek Chauvin' s request for a new trial in George Floyd 's death.

Judge Peter Cahill said defense attorney Eric Nelson didn't show that the court abused its discretion and denied Chauvin the right to a fair trial. The ruling came hours before Chauvin was to be sentenced for murder in Floyd's death.

Requests for new trials after a conviction are routine but rarely granted.

Chauvin, 45, pinned Floyd to a Minneapolis street for about 9 1/2 minutes on May 25, 2020, ignoring the Black man's cries of "I can't breathe" and the shouts of onlookers. Bystander video of Floyd's death sparked protests in Minneapolis, some violent, and quickly spread around the world.

Chauvin attorney Eric Nelson argued that intense publicity around Floyd's death tainted the jury pool and that the trial should have been moved away from Minneapolis. He also offered a range of other arguments, all dismissed by prosecutors, who said Chauvin was fairly convicted.

Cahill also rejected Nelson's request for a hearing into possible juror misconduct. The defense accused juror Brandon Mitchell of not being candid during jury selection because he didn't mention his participation in a march last summer to honor the Rev. Martin Luther King Jr. Prosecutors countered that Mitchell had been open about his views in a jury questionnaire and during the questioning of potential jurors.

The judge ruled the defense didn't show any evidence of juror misconduct either during trial or during jury selection that warranted an evidentiary hearing.

Chauvin is expected to appeal his conviction.

Former Minneapolis police officer Derek Chauvin addresses the court Friday at his sentencing hearing. He was sentenced to 22 1/2 years in prison for the murder of George Floyd. Court TV via AP/Pool hide caption

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Court TV via AP/Pool

Former Minneapolis police officer Derek Chauvin addresses the court Friday at his sentencing hearing. He was sentenced to 22 1/2 years in prison for the murder of George Floyd.

Court TV via AP/Pool

A Minnesota judge sentenced Derek Chauvin to 22 1/2 years in prison Friday for the murder of George Floyd — a punishment that exceeds the state's minimum guidelines but falls short of prosecutors' request of a 30-year sentence.

As he issued the sentence, Hennepin County Judge Peter Cahill said Chauvin will be credited for the 199 days he has already served.

The sentence "is one of the longest a former police officer has ever received for an unlawful use of deadly force," Minnesota Attorney General Keith Ellison said, calling it a "moment of real accountability."

Cahill detailed his reasoning in a 22-page legal memorandum. In court, he spoke about pain — something he said has marked this case.

"I want to acknowledge the deep and tremendous pain that all the families are feeling, especially the Floyd family," Cahill said. "You have our sympathies, and I acknowledge and hear the pain that you are feeling."

"It has been painful throughout Hennepin County, throughout the state of Minnesota and even the country. But most importantly, we need to recognize the pain of the Floyd family."

Chauvin offered little reaction when the sentence was announced. As soon as Cahill adjourned the hearing, Chauvin stood, nodded to his attorney, Eric Nelson, and followed a sheriff's deputy out of the courtroom.

Floyd's family responds to the Chauvin sentence

After the hearing, attorney Benjamin Crump issued a statement along with the Floyd family saying that the sentence brings healing and accountability.

"For once, a police officer who wrongly took the life of a Black man was held to account," the statement said.

With Chauvin's punishment, it added that "we take a significant step forward — something that was unimaginable a very short time ago."

Floyd's family and their attorneys also called for Chauvin to be convicted on federal civil rights charges that he's facing.

It's about accountability, Minnesota attorney general says

The video footage of Floyd's death is seared into the minds of people who watched it, Ellison said. He called on police, prosecutors and communities to bring about societal change — to push for more accountability, so civilians and the police act with trust and cooperation. He also had a message for lawmakers.

"Congress has still not passed the George Floyd Justice in Policing Act," Ellison said, urging legislators to approve the strongest version of the bill they can.

"Lives are depending on it," he added. "It's that simple."

In April, a jury found the former Minneapolis police officer, who is white, guilty of murdering Floyd, who was Black, on Memorial Day 2020. The killing triggered massive protests against racial injustice and also prompted reviews of the police use of force — including how much the law should protect officers when someone dies in their custody.

As in earlier proceedings, the sentencing hearing was livestreamed from the courtroom. The sentence announcement followed emotional victim impact statements from Floyd's family as well as a heartfelt message of support from Chauvin's mother.

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Chauvin was seen on video pressing his knee onto Floyd's neck for nine minutes and 29 seconds as Floyd lay facedown on the asphalt outside a convenience store with his hands cuffed behind his back. The police had been called to the store after Floyd allegedly used a counterfeit $20 bill to pay for cigarettes.

The guilty verdict against Chauvin was hailed as a civil rights victory. Since then, his prison sentence has been awaited as a possible affirmation of that victory.

Under Minnesota law, people sentenced to prison become eligible to be considered for parole after serving two-thirds of their sentence as long as they've had no disciplinary problems while in custody.

At Friday's sentencing hearing, Chauvin wore a suit rather than a prisoner's uniform by a special order of the court.

Chauvin offers condolences in a brief statement

Chauvin, who did not testify during his trial, addressed the court Friday in remarks that he said would be kept brief as he is still facing other legal issues — including federal charges.

"I do want to give my condolences to the Floyd family," Chauvin said as he looked toward Floyd's relatives in the courtroom.

And in a cryptic moment, the former officer added, "There's going to be some other information in the future that would be of interest. And I hope things will give you some, some peace of mind. Thank you."

Chauvin "is the first white officer in Minnesota to face prison time for the killing of a Black man," according to NPR member station Minnesota Public Radio.

The sentencing decision is in "unchartered waters"

Legal experts note that while Chauvin's sentence falls short of prosecutors' request, it's also well above the range of a presumptive sentence for second-degree murder.

"Because sentencing of a police officer for homicide is so rare, the judge was in somewhat uncharted waters," said Christopher Slobogin, a criminal law professor at Vanderbilt University.

He added, "But given the aggravating factors the judge found, the sentence seems neither particularly harsh nor especially lenient."

Floyd's daughter, 7, gives her victim impact statement

Floyd's loved ones delivered four victim impact statements in court. The first was a video conversation with Floyd's 7-year-old daughter, Gianna.

"I ask about him all the time," she said, adding that she wants to know, "How did my dad get hurt?"

Gianna said her father is still with her in spirit. When she sees him again, she said, she wants to play with him.

"I miss you and I love you," she said she would tell her father, adding that every night, he used to help her brush her teeth.

The girl added that other people have helped her father after "those mean people did something to him."

Floyd's brother asks Chauvin: "Why?"

"This situation has really affected me and my family," Floyd's brother Terrence Floyd said.

Addressing Chauvin in the courtroom, Floyd said he has some questions.

"Why? What were you thinking? What was going through your head when you had your knee on my brother's neck?"

He then took a moment to compose himself after growing emotional.

Philonise Floyd, brother of George Floyd, becomes emotional during a victim impact statement Friday at Chauvin's sentencing hearing. Court TV via AP/Pool hide caption

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Court TV via AP/Pool

Philonise Floyd, brother of George Floyd, becomes emotional during a victim impact statement Friday at Chauvin's sentencing hearing.

Court TV via AP/Pool

He went on to describe how in one of his last conversations with his brother, they had been planning play dates for their daughters.

Asking for a maximum penalty against Chauvin, Terrence Floyd said there should be "no more slaps on the wrist."

Philonise Floyd, who has become an outspoken advocate for his late brother, then told the court that he has relived his death repeatedly in the past year. He no longer knows what it feels like to get a full night's sleep, he said.

"My family and I have been given a life sentence" to live without George Floyd, Philonise Floyd added.

Chauvin's mother says she supports her son 100%

Chauvin's mother, Carolyn Pawlenty, spoke in court on her son's behalf and for her entire family, she said.

All their lives changed forever the day George Floyd died, Pawlenty said.

Her son is not an "aggressive, heartless and uncaring person," or a racist, she said. "My son is a good man," Pawlenty said, noting his years of dedication to being a police officer.

Saying that she supports her son 100%, she added that the past year has taken a toll on him.

"When you sentence my son, you will also be sentencing me," Pawlenty told the judge. She noted that if her son serves a long prison term, his parents may not be alive when he is released.

Addressing Chauvin, Pawlenty said she is on his side and told him to be strong.

"Remember you are my favorite son," she said.

Lawyers argued over aggravating factors

Minnesota guidelines called for Chauvin to be sentenced to around 12 1/2 years for second-degree unintentional murder, given his lack of prior criminal history. But state prosecutors pushed for a 30-year term, saying Chauvin "acted with particular cruelty," among other aggravating factors in the case.

The prosecution also cited Chauvin's abuse of a position of authority and Floyd's killing in front of children and other witnesses, saying his punishment requires an "upward departure" from the guidelines. Cahill agreed, saying that aggravating factors had been proven beyond a reasonable doubt.

Nelson, Chauvin's attorney, asked for the former officer to be sentenced to probation along with time already served, saying that his client would likely be a target in prison. He also said that with the support of his family and friends, Chauvin, 45, still has the potential to be a positive influence on his community.

Chauvin was found guilty of unintentional second-degree murder, third-degree murder and second-degree manslaughter. But he was being punished only for the most serious charge: second-degree murder while committing a felony. In Minnesota, a person convicted of multiple crimes that happened at the same time is typically only sentenced for the most severe charge.

The state's maximum prison term for second-degree unintentional murder is 40 years, although the sentencing guidelines for second-degree unintentional murder largely taper off at 24 years.

Chauvin also faces federal charges

A jury found Chauvin guilty in April in the 2020 killing of Floyd. Here, Chauvin listens to the verdict at the Hennepin County Courthouse in Minneapolis. Court TV via AP/Pool hide caption

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Court TV via AP/Pool

A jury found Chauvin guilty in April in the 2020 killing of Floyd. Here, Chauvin listens to the verdict at the Hennepin County Courthouse in Minneapolis.

Court TV via AP/Pool

Weeks after Chauvin was found guilty of murdering Floyd, the Justice Department announced federal criminal charges against him and three of his fellow former officers over Floyd's death.

A federal grand jury indicted the four on charges of violating Floyd's civil rights, with Chauvin accused of using excessive force and ignoring the medical emergency that ended in Floyd's death.

The other former officers — J. Alexander Kueng, Thomas Lane and Tou Thao — are also accused of not getting immediate medical help for Floyd, with Kueng and Thao facing an additional charge of failing to intervene and showing "deliberate indifference" to Floyd's predicament.

The grand jury also indicted Chauvin over an arrest he made in 2017 in which he allegedly used a neck restraint and beat a teenager with a flashlight.

No trial date has been announced for the federal charges.

The three other former officers were already facing a state trial in August on charges of aiding and abetting. But that trial has now been postponed until March.

All four of the Minneapolis officers involved in Floyd's death were fired days after the killing.

Nelson had asked the state court for a new trial for Chauvin, saying intense press coverage tainted the jury pool. He also alleged prosecutorial misconduct, related to issues such as sharing evidence and handling witnesses. But Cahill denied Nelson's motion on the eve of Friday's sentencing.

Jordan and Royal Pacheco view a mural of Floyd on Friday in Minneapolis ahead of Chauvin's sentencing. Brandon Bell/Getty Images hide caption

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Jordan and Royal Pacheco view a mural of Floyd on Friday in Minneapolis ahead of Chauvin's sentencing.

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Police killings rarely result in criminal charges

Floyd's murder and other high-profile cases, such as the police killing of Breonna Taylor in Louisville, Ky., have put intense scrutiny on the police use of deadly force against Black people, particularly by white officers.

An NPR investigation this year found that police officers in the U.S. shot and killed at least 135 unarmed Black men and women since 2015, and that at least 75% of the officers were white.

Law enforcement officers in the U.S. killed 1,099 people in 2019 — by far the most in any wealthy democracy in both raw numbers and per capita, according to the Prison Policy Initiative.

Those killings result in only a small number of officers being charged with a crime each year, and convictions of police on murder charges are rare.

Last year brought a spike in the number of officers who died on duty, but as in most years, traffic incidents accounted for the largest share of those deaths.

Chauvin case propelled calls to change policing in the U.S.

The uproar over Floyd's death has helped change how some police departments train officers to use force, particularly chokeholds or carotid restraint holds.

But as NPR reported last summer, bans on neck restraints have been mostly ineffective or unenforced. Chauvin's actions against Floyd, for instance, were described by Minneapolis Police Chief Medaria Arradondo as violating the department's policies on the use of force as well de-escalation and rendering aid.

Advocates of police reform also say it's time to limit or revoke qualified immunity — a legal doctrine established by the Supreme Court in 1967 that has been used to shield officers from facing liability for egregious actions while on duty.

Demonstrators gather outside Cup Foods in April in Minneapolis to celebrate the murder conviction of Chauvin in Floyd's killing. John Minchillo/AP hide caption

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John Minchillo/AP

Demonstrators gather outside Cup Foods in April in Minneapolis to celebrate the murder conviction of Chauvin in Floyd's killing.

John Minchillo/AP

"The people pushing for this change say the Supreme Court has tightened qualified immunity so much in recent decades that it's become nearly impossible for courts to recognize even blatant examples of police misconduct as illegal," NPR's Martin Kaste reported last year. "But police see things very differently. For them, qualified immunity has become a necessary safe harbor in a fast-paced, often dangerous job."

Qualified immunity's critics range from far-left activists to the libertarian Cato Institute.

A federal judge joined the critics last year, saying that while an officer in a case before him was protected by the doctrine, qualified immunity should be tossed into "the dustbin of history."

Defense attorney Eric Nelson (left) and defendant, former Minneapolis police officer Derek Chauvin, address Hennepin County Judge Peter Cahill at the Hennepin County Courthouse in Minneapolis, Minn. during his trial. Court TV/AP hide caption

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Defense attorney Eric Nelson (left) and defendant, former Minneapolis police officer Derek Chauvin, address Hennepin County Judge Peter Cahill at the Hennepin County Courthouse in Minneapolis, Minn. during his trial.

Court TV/AP

MINNEAPOLIS — Prosecutors are seeking a 30-year sentence for the former Minneapolis police officer convicted of murder in George Floyd's death, but a defense attorney is asking that Derek Chauvin be sentenced to probation and time already served, according to court documents filed Wednesday.

Chauvin is scheduled to be sentenced June 25 following his conviction on murder and manslaughter charges. Judge Peter Cahill previously ruled there were aggravating factors in Floyd's death. That gives him the discretion to sentence Chauvin above the range recommended by state guidelines, which top out at 15 years.

Prosecutors said Chauvin's actions were egregious and a sentence of 30 years would "properly account for the profound impact of Defendant's conduct on the victim, the victim's family, and the community." They said that Chauvin's actions "shocked the Nation's conscience."

"No sentence can undo Mr. Floyd's death, and no sentence can undo the trauma Defendant's actions have inflicted. But the sentence the Court imposes must show that no one is above the law, and no one is below it," prosecutors wrote. "Defendant's sentence must hold him fully accountable for his reprehensible conduct."

Defense attorney Eric Nelson cited Chauvin's age, lack of a criminal record, and support from family and friends in requesting a sentence of probation and time served. He said Chauvin, 45, was the product of a "broken" system.

Mark Osler, a former federal prosecutor and now a professor at the University of St. Thomas School of Law, said it's not unusual for attorneys to make these kinds of requests as a sort of "opening offer." He said there is zero chance that Chauvin will get probation, and prosecutors are also unlikely to get the 30 years they are requesting.

He said Nelson's attempts to paint Chauvin as a good fit for probation and a law-abiding citizen will probably face "ferocious push-back from the government," given Chauvin is also charged with tax evasion. He added that Nelson's reference to Chauvin being the product of a broken system is "fascinating — most Americans seem to think that Chauvin embodies what is broken about our system of criminal justice."

Chauvin was convicted in April of second-degree unintentional murder, third-degree murder and second-degree manslaughter for pressing his knee against Floyd's neck for about 9 1/2 minutes as the Black man said he couldn't breathe and went motionless. Floyd's death, captured on widely seen bystander video, set off demonstrations around the United States and beyond as protesters demanded changes in policing.

Even though Chauvin was found guilty of three counts, he'll only be sentenced on the most serious one — second-degree murder. Under Minnesota sentencing guidelines, with no criminal record he faces a presumptive sentence of 12 1/2 years on that count. Cahill can sentence him to as little as 10 years and eight months or as much as 15 years and stay within the guideline range.

But prosecutors asked for what is known as an upward departure, saying there were several aggravating factors that warranted a higher sentence. Cahill agreed, finding Chauvin treated Floyd with particular cruelty, abused his position of authority as a police officer, committed his crime as part of a group of three or more people, and that he pinned Floyd down in the presence of children.

Prosecutors said that even one of those factors would warrant the higher sentence.

Nelson wrote that while this incident painted Chauvin as a "dangerous man," he has served his community as an officer and has a loving family and close friends. He also disputed the court's finding that aggravating factors existed, saying there is no evidence that Chauvin's assault on Floyd included gratuitous infliction of pain or cruelty.

"Here, Mr. Chauvin was unaware that he was even committing a crime. In fact, in his mind, he was simply performing his lawful duty in assisting other officers in the arrest of George Floyd," Nelson wrote, adding that Chauvin's offense can be best described as an error made in good faith based on his experience and the training he received — and was not the intentional commission of a crime.

"In spite of the notoriety surrounding this case, the Court must look to the facts. They all point to the single most important fact: Mr. Chauvin did not intend to cause George Floyd's death. He believed he was doing his job," he wrote.

No matter what sentence Chauvin gets, in Minnesota it's presumed that a defendant with good behavior will serve two-thirds of the penalty in prison and the rest on supervised release, commonly known as parole.

Nelson is also seeking a new trial for Chauvin — which is a fairly routine request after a conviction. He argued extensive pretrial publicity tainted the jury pool and denied Chauvin his right to a fair trial. He also said Cahill also abused his authority when he declined defense requests to move the trial out of Minneapolis and sequester the jury. And, he said the state committed prosecutorial misconduct.

Nelson is also asking for a hearing to investigate whether there was juror misconduct. Nelson alleged that an alternate juror who made public comments indicated she felt pressured to render a guilty verdict, and another juror who deliberated did not follow jury instructions and was not candid during jury selection. That juror, Brandon Mitchell, did not mention that he had participated in an Aug. 28 march in Washington, D.C., to honor Martin Luther King Jr.

Nelson alleged that Mitchell made comments to the media that indicated he based his verdict on outside influence.

Prosecutors have a week to submit a written response to those arguments.

Chauvin has also been indicted on federal charges alleging he violated Floyd's civil rights, as well as the civil rights of a 14-year-old he restrained in a 2017 arrest. The three other former officers involved in Floyd's death were also charged with federal civil rights violations; they await trial in state court on aiding and abetting counts.

A federal trial date has not been set. Federal prosecutors are asking for more time to prepare for trial, saying the case is complex because of the sheer volume of evidence and the separate but coordinated state and federal investigations.

Former Minneapolis police officer Derek Chauvin, seen here in an April 21 booking photo, may face a longer sentence after Judge Peter Cahill found aggravating factors in the case. Minnesota Department of Corrections via AP hide caption

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Minnesota Department of Corrections via AP

Former Minneapolis police officer Derek Chauvin, seen here in an April 21 booking photo, may face a longer sentence after Judge Peter Cahill found aggravating factors in the case.

Minnesota Department of Corrections via AP

A Minnesota judge has found aggravating factors in Derek Chauvin's murder of George Floyd — a finding that dramatically increases the likelihood of a longer sentence.

Chauvin, a former Minneapolis police officer, was found guilty last month of second-degree unintentional murder, third-degree murder and second-degree manslaughter in the death of George Floyd in May 2020.

Judge Peter Cahill said in an order made public Wednesday that four aggravating factors are present in the case: Chauvin abused a position of trust and authority as a police officer, treated Floyd with "particular cruelty," committed the crime as part of a group with at least three other people, and that children were present during the commission of the offense.

During the trial, a 9-year-old girl who had witnessed the incident testified that seeing it made her feel "sad and kinda mad."

Chauvin was found guilty of all the counts against him, but in Minnesota, a person convicted of multiple crimes for a single incident is typically only sentenced for the most severe charge. In this case, that's second-degree murder.

The maximum sentence for that charge is 40 years, but state sentencing guidelines recommend 12.5 years in prison for a conviction on unintentional second-degree murder for someone with no criminal history. Prosecutors sought an upward departure from that duration, arguing that there were multiple aggravating factors in the case.

Cahill agreed with prosecutors, other than their argument that Floyd was particularly vulnerable. "Restraining George Floyd in the prone position with the weight of three police officers on him for a prolonged period did not create a vulnerability that was exploited to cause death; it was the actual mechanism causing death," Cahill wrote.

Chauvin's sentencing is scheduled for late June. Three other former Minneapolis police officers involved in Floyd's death — J. Alexander Kueng, Thomas Lane and Tou Thao — will be tried together in a trial set to begin Aug. 23.

Justice Department Brings Federal Criminal Charges Against Derek Chauvin, 3 Others

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A picture of George Floyd hangs on a fence barrier that surrounds the Hennepin County Government Center in Minneapolis during the trial of former police officer Derek Chauvin in March. The Justice Department is now bringing criminal charges against Chauvin over allegedly violating Floyd's rights and using excessive force in restraining him. Scott Olson/Getty Images hide caption

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A picture of George Floyd hangs on a fence barrier that surrounds the Hennepin County Government Center in Minneapolis during the trial of former police officer Derek Chauvin in March. The Justice Department is now bringing criminal charges against Chauvin over allegedly violating Floyd's rights and using excessive force in restraining him.

Scott Olson/Getty Images

The Justice Department has filed federal criminal charges against Derek Chauvin, accusing the former police officer of using excessive force and violating the civil rights of George Floyd. Floyd died after Chauvin pressed on his neck for more than nine minutes on the pavement outside a convenience store last year in Minneapolis.

Three other former officers on the scene that day — Thomas Lane, J. Alexander Kueng and Tou Thao — have been charged federally in connection with Floyd's death. Two of the men, Kueng and Thao, are accused of failing to intervene to stop Chauvin. All three face a charge of failing to provide medical care with "deliberate indifference" to Floyd's suffering. They already are preparing for a state trial in August.

Chauvin also faces a separate federal indictment related to a 2017 incident where he allegedly used a neck restraint "without legal justification" on a 14-year-old and beat the teenager in the head with a flashlight.

Federal civil rights prosecutors from Washington worked hand in hand with the U.S. Attorney's Office in Minnesota to build the case.

Such federal charges are rare, in part because it is difficult to meet the high legal bar they require. To succeed, prosecutors must prove beyond a reasonable doubt that Chauvin acted "willfully" to deprive Floyd of his civil rights and used force that was "constitutionally unreasonable."

In those cases, officers can argue in their defense that they acted out of fear, panic or even poor judgment, some of which featured in Chauvin's defense to state charges in a trial that concluded with a conviction on all counts last month. Chauvin has moved for a new trial, citing alleged jury misconduct and pretrial publicity.

The video of Floyd, who was Black, pleading for his life and crying for his late mother reverberated around the globe, with people who watched it taking to the streets in the summer of 2020 to protest police brutality and racial injustice. Floyd's young daughter met President Biden on the campaign trial, and he often repeats her statement that her "daddy changed the world."

The case is yet another demonstration of the Biden administration's emphasis on civil rights. In the Trump administration, Attorney General Bill Barr declined to approve a plea deal with Chauvin after Floyd's death, reasoning that he preferred to cede that ground to local authorities and that the situation in Minneapolis was incendiary enough.

But the U.S. Justice Department has weighed in with federal charges in other cases, including the brutal police beating of Rodney King in California in 1991; the murder of nine Black parishioners during a Bible study at a historic church in Charleston, S.C., in 2015; and the death of a young woman protesting against hate groups in a vehicular assault in Charlottesville, Va., in 2017.

The current attorney general, Merrick Garland, told ABC News he was "shocked" by the video of Floyd's death and saddened by the persistence of racial discrimination in housing, education and the justice system.

The new federal criminal cases are separate from an ongoing civil rights investigation Garland announced April 21 that will examine whether Minneapolis police have engaged in a "pattern or practice" of discrimination, including excessive force and mistreatment of people with disabilities. Authorities in Minnesota have pledged to cooperate with that civil investigation, which could take months to pursue.

Minnesota Attorney General Keith Ellison welcomed the new federal criminal charges. "The federal government has a responsibility to protect the civil rights of every American and to pursue justice to the fullest extent of federal law," Ellison said. "Federal prosecution for the violation of George Floyd's civil rights is entirely appropriate."

NAACP President and CEO Derrick Johnson said the charges are a "step in the right direction" but that "urgent reforms" are needed. The NAACP has been working with a bipartisan group of lawmakers on a bill named after Floyd that would create a national registry of police misconduct, among other things.

"No police officer is above the law, nor should they ever be shielded from accountability," Johnson said.

Former Minneapolis police officer Derek Chauvin who was convicted last month of murdering George Floyd filed court documents for a new trial on Tuesday.

His attorney, Eric Nelson, petitioned the court, alleging that Chauvin's constitutional rights were violated when Judge Peter Cahill refused to change the venue of the trial, and that the pretrial publicity deprived the officer of a fair trial.

Nelson also cites "prosecutorial and jury misconduct; errors of law at trial; and a verdict that is contrary to law."

Chauvin, who jammed his knee into Floyd's neck for 9 minutes and 29 seconds as the Black man lay in a prone position on the ground, was convicted on one count of second-degree murder, one count of third-degree murder and one count of second-degree manslaughter.

Floyd's killing, which was sparked by an initial call to police over the alleged use of a counterfeit $20 bill, was witnessed in real time in broad daylight by about a dozen people on May 25, 2020. They pleaded with Chauvin and three other Minneapolis police officers to release Floyd as he struggled to breathe. A video of the 45-year-old's death, as he cried for his mother and begged bystanders to tell his family he loved them, quickly went viral and ignited a national reckoning on police violence and systemic racism even before the trial commenced.

Throughout the latest four-page court document, Nelson argues that the court abused its discretion by keeping the high-profile trial — one that became a national referendum on Black justice in America — in the same city where Floyd was killed and protests had drawn national attention.

The publicity leading up to the proceedings, Nelson said, allowed for "intimidation of the defense's expert witnesses, from which the jury was not insulated." Nelson suggested that such fallout may have a long-lasting "chilling effect" on the ability of defendants in other high-profile cases to obtain expert witnesses in the future.

"The publicity here was so pervasive and so prejudicial before and during this trial that it amounted to a structural defect in the proceedings," Nelson wrote.

The blame for Chauvin's alleged unfair treatment also extended to the jury, the court and the prosecution, according to Nelson. The filing asks Cahill for a hearing to impeach the disgraced officer's verdict, in part, on the grounds that the 12 jurors "felt threatened or intimidated, felt race-based pressure during the proceedings." As a result, he said, jurors were left vulnerable to intimidation and potential retribution.

The jury was significantly less white than Hennepin County itself; the 12 jurors included four Black people, two people who identify as multiracial and six white people.

According to the motion, the court abused its discretion in the following instances:

  • When it failed to sequester the jury for the duration of the trial, or in the least, admonish them to avoid all media
  • When it permitted the State to present cumulative evidence with respect to use of force
  • When it failed to order that a record be made of the numerous sidebars that occurred during the trial
  • When it submitted instructions to the jury that failed to accurately reflect the law with respect to second-degree unintentional murder, third-degree murder, and authorized use of force

Chauvin, a 19-year law enforcement veteran, is now awaiting sentencing, which could come as early as this month or sometime in June. State sentencing guidelines recommend 12.5 years in prison for a conviction on unintentional second-degree murder for someone with no criminal history. But prosecutors say they want an additional penalty, called an enhancement, because of certain aggravating factors. Ultimately, it will be Cahill's decision.

It is rare for police officers to be convicted for their conduct while wearing a uniform. As NPR's Carrie Johnson reported, "Some studies show only seven police officers since 2005 have been convicted of murder for their actions on the job. That's even though about 1,000 or 1,100 people a year die at the hands of police."

It took the jury in Chauvin's case about 10 hours over a two-day period to return a guilty verdict for the white police officer.

In this image from surveillance video, Minneapolis police officers (from left) Tou Thao, Derek Chauvin, J. Alexander Kueng and Thomas Lane are seen during the incident that killed George Floyd in Minneapolis last May. Court TV/AP hide caption

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Court TV/AP

In this image from surveillance video, Minneapolis police officers (from left) Tou Thao, Derek Chauvin, J. Alexander Kueng and Thomas Lane are seen during the incident that killed George Floyd in Minneapolis last May.

Court TV/AP

MINNEAPOLIS — Derek Chauvin's murder trial was the first Minnesota criminal trial to be broadcast live on television. It won't be the last.

Some in the Minnesota legal system were apprehensive about allowing the live broadcast of Chauvin's trial in the killing of George Floyd, but the video feed had no major problems and bolstered the public's understanding of the trial, Minnesota Public Radio News reported.

A spokesperson for the Hennepin County court system said an order from Judge Peter Cahill to allow the live broadcast will still apply to the August trial of the other three former Minneapolis officers charged in Floyd's death, Thomas Lane, J. Alexander Kueng and Tou Thao.

Cahill ordered the trials to be broadcast live because of the intense global interest in the case and limited courthouse space because of the pandemic.

Minnesota court rules usually ban cameras at criminal trials unless both sides agree to them. Although Chauvin's attorney quickly welcomed the live broadcast, Minnesota Attorney General Keith Ellison had argued against allowing the live broadcast because he said it could intimidate witnesses.

But a week after the jury found Chauvin guilty, Ellison told WCCO-TV that the live broadcast "went pretty well" and that he was grateful the judge allowed juvenile witnesses to testify off camera.

Cahill also barred jurors' faces from being televised.

Hennepin County Chief Judge Toddrick Barnette said he was also a longtime skeptic of cameras in the courtroom. He met with journalists and media attorneys ahead of the trial and worked closely with Court TV, which operated the cameras and provided its video feed to other news outlets.

"Over time, I felt more comfortable that they were really interested in the integrity of the process, and worked very hard to make sure there were no violations of Judge Cahill's order," Barnette said.

Barnette said one of the biggest benefits of televising the trial was that the public learned about the process, from jury selection to the final verdict. Chauvin was convicted last week of second- and third-degree murder and second-degree manslaughter. He'll be sentenced June 25.

New York Police Department officers on patrol in the Chinatown neighborhood of Manhattan last month. Foot patrols were increased following the mass shooting in Atlanta which killed eight people, six of them women of Asian descent. Xinhua News Agency/Xinhua News Agency/Getty Images hide caption

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New York Police Department officers on patrol in the Chinatown neighborhood of Manhattan last month. Foot patrols were increased following the mass shooting in Atlanta which killed eight people, six of them women of Asian descent.

Xinhua News Agency/Xinhua News Agency/Getty Images

In the days since a jury in Minneapolis convicted former police officer Derek Chauvin on two counts of murder and one count of manslaughter in the death of George Floyd, many police officers and law enforcement organizations around the U.S. have expressed relief at the trial's outcome.

After the video of Floyd's death went viral last May, many sought to distance themselves from Chauvin, characterizing him as one of the so-called "bad apples" that spoil the reputation of officers who try to do things the right way.

"As we have said from the beginning, what Derek Chauvin did that day was not policing. It was murder. The jury has spoken and he will face consequences for his actions," said Patrick Lynch, the president of New York City's Police Benevolent Association, in a statement released Wednesday.

In a striking repudiation of Chauvin's actions, 10 of his former colleagues at the Minneapolis Police Department testified against him during the trial, including police chief and star witness Medaria Arradondo, who said Chauvin's restraint of Floyd "in no way, shape or form is anything that is by policy."

"We recognize that our community is hurting, and hearts are heavy with many emotions. However, I have hope," said Arradondo in a statement after the verdict. "Together, we can find our moment to begin to heal."

But some other police organizations — while not defending Chauvin's actions — chose to decry what they saw as politicization of the judicial process or remained silent altogether.

The Police Officers Federation of Minneapolis, the union that represents officers in the Minneapolis Police Department, last summer disavowed once-member Derek Chauvin. The union has also resisted police reforms at the city and state level.

In a statement released Tuesday after the verdict, the union thanked the jury before declaring "there are no winners in this case."

"We need the political pandering to stop and the race-baiting of elected officials to stop," the statement read. "In addition, we need to stop the divisive comments and we all need to do better to create a Minneapolis we all love."

The Minneapolis police union is part of a larger statewide group called the Minnesota Police and Peace Officers Association, whose legal defense fund is paying for Derek Chauvin's defense team.

That group told NPR it did not have any comment on the verdict. It also declined to share any information about how much it has spent so far. The case is not yet wrapped; Chauvin is due to be sentenced in eight weeks, and an appeal is likely to follow.

Reform efforts riven by disagreement

The trial and verdict have renewed calls for structural changes to policing, both around the U.S. and in the Twin Cities region, where the funeral of Daunte Wright, a 20-year-old Black man shot by police while resisting arrest as the Chauvin trial was underway, is taking place today.

"What if we just prevented the problem instead of having to try these cases?" said Minnesota Attorney General Keith Ellison after the verdict Tuesday. "We don't want any more community members dying at the hands of law enforcement and their families' lives ruined. We don't want any more law enforcement members having to face criminal charges and their families' lives ruined."

The U.S. Justice Department announced Wednesday it will investigate possible patterns of discrimination and excessive force among the Minneapolis Police Department, an inquiry Minneapolis Mayor Jacob Frey told NPR he "welcomes."

"I believe strongly that it's an opportunity to continue working towards that deep change and accountability that we know that we need in the Minneapolis department," Frey said.

Even as many states passed reform legislation last summer, including Minnesota, police reform remains a complicated endeavor due to the decentralized nature of law enforcement in the U.S.

There are more than 18,000 independent law enforcement agencies, some with thousands of sworn officers and many more with just a handful.

"The federal government doesn't have authority to dictate how local law enforcement is provided, but they can certainly incentivize local law enforcement to follow standards or models," said Sue Rahr, the former King County, Wash., sheriff who is soon retiring as head of Washington state's police training commission.

A wide-ranging police reform bill bearing George Floyd's name passed the U.S. House of Representatives last month. For federal law enforcement officers, it would ban chokeholds, no-knock warrants and racial and religious profiling, and put an end to qualified immunity. The bill would also encourage states to follow suit by making those bans a condition of federal aid.

But its prospects in the Senate, where it needs the support of at least 10 Republicans to overcome a filibuster, are uncertain.

"One of the things I say to [Republicans] is that until policing is transformed in the United States, don't be surprised if police continue to have a reputation that becomes worse and worse every time one of these incidents is happening," said Rep. Karen Bass, D-Calif., and the bill's sponsor in the House, in an interview with NPR.

Bass is working with Sens. Cory Booker, D-N.J., and Tim Scott of South Carolina, one of only three Republican African Americans in Congress. Scott, who proposed a Republican alternative last year that failed due to Democratic opposition, told reporters Wednesday that the group is "on the verge of wrapping this up in the next week or two."

"We have a moment in time right now, and we need to seize that moment, take this and get it across the finish line," said Bass.

NPR's Martin Kaste contributed reporting.

Vanita Gupta appears during her confirmation hearing last month before the Senate Judiciary Committee. The Senate voted to confirm Gupta as associate attorney general in a 51-49 vote. Alex Brandon/AP hide caption

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Alex Brandon/AP

Vanita Gupta appears during her confirmation hearing last month before the Senate Judiciary Committee. The Senate voted to confirm Gupta as associate attorney general in a 51-49 vote.

Alex Brandon/AP

The Senate on Wednesday narrowly voted to confirm Vanita Gupta as associate attorney general, elevating a longtime civil rights attorney to the third-highest position inside the Justice Department on the same day the agency announced renewed efforts to monitor local police practices.

Gupta was confirmed by a vote of 51 to 49, with only one Republican, Sen. Lisa Murkowski of Alaska, breaking ranks to join Democrats in approving her nomination.

With her confirmation, Gupta, 46, will become the first woman of color in Justice Department history to serve as associate attorney general — a role in which she will oversee the department's civil rights litigation as well as its antitrust, civil and environment divisions.

Speaking from the Senate floor Wednesday, Majority Leader Chuck Schumer, D-N.Y., called Gupta's confirmation "very good news for the forces of equality and justice in the country."

"Not only is Ms. Gupta the first woman of color to ever be nominated to the position, she is the first civil rights attorney ever to be nominated to the position," Schumer said. "That's shocking, really. We never have had a former civil rights attorney serving in such a position of prominence at the Justice Department."

Wednesday's vote marked the culmination of a contentious confirmation process for Gupta, who nearly saw her nomination derailed by Republicans over her advocacy for progressive policies as well as her past criticism of former President Donald Trump during her time as head of the Leadership Conference on Civil and Human Rights.

During her confirmation hearing, Gupta apologized for any "harsh rhetoric" she has used against Republicans but nonetheless struggled to win GOP support. In remarks ahead of the vote, Minority Leader Mitch McConnell, R-Ky., announced he would oppose Gupta, saying she had "levied attacks on members of this body" and "amplified left-wing fear-mongering toward judicial nominees and sitting federal judges."

At the time of her hearing, Gupta had also been targeted by five Republican state attorneys general as well as a nearly $1 million negative advertising campaign launched by the conservative Judicial Crisis Network. Much of the criticism centered on Gupta's work at the Justice Department during the Obama administration, when she oversaw investigations of police departments after white officers shot and killed Black citizens — including Michael Brown in Ferguson, Mo.

Explaining her party-breaking support for Gupta, Alaska's Murkowski said that while some of the nominee's past remarks troubled her, she was ultimately swayed by a lengthy conversation with Gupta.

"I am going to give the benefit of the doubt to a woman who I believe has demonstrated throughout her professional career to be deeply, deeply committed to matters of justice," Murkowski said.

Gupta won similar praise during her confirmation from the Fraternal Order of Police, the nation's largest law enforcement union. In a letter to the Senate Judiciary Committee, the group's president called Gupta a "strong defender of civil rights" and said she "always worked with us to find common ground even when that seemed impossible."

Gupta will return to the Justice Department at a moment when it is recommitting itself to increased federal oversight of police departments.

Following Tuesday's guilty verdict against former Minneapolis police officer Derek Chauvin for the death of George Floyd, Attorney General Merrick Garland on Wednesday announced an investigation into possible patterns of discrimination and excessive force by the city's police force.

The announcement marked the Biden administration's first such "pattern or practice" investigation — a tool used more than two dozen times by the Obama administration but just once under Trump.

Gupta is expected to play a leading role in the department's work to police the police. Addressing the verdict against Chauvin on Tuesday, President Biden said Gupta had spent her entire career "fighting to advance racial equity and justice," saying she had "the experience and the skill necessary to advance our administration's priorities to root out unconstitutional policing and reform our criminal justice system."

Minneapolis Mayor Says He Welcomes Justice Department Policing Investigation

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Minneapolis Mayor Jacob Frey was met with boos from protestors in his city last summer after saying he didn't support abolishing the police. Stephen Maturen/Getty Images hide caption

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Minneapolis Mayor Jacob Frey was met with boos from protestors in his city last summer after saying he didn't support abolishing the police.

Stephen Maturen/Getty Images

As former Minneapolis police officer Derek Chauvin awaits sentencing after his conviction on three counts of murder in the death of George Floyd, policymakers in Minneapolis are trying to figure out how to improve policing.

Concurrently, the Justice Department has launched an investigation into the city's police department to address possible patterns of discrimination and excessive force.

"We very much welcome the investigation," Minneapolis Mayor Jacob Frey told All Things Considered on Wednesday. "I was on the phone with the DOJ earlier today, and I believe strongly that it's an opportunity to continue working towards that deep change and accountability that we know that we need in the Minneapolis department."

The MPD has been under scrutiny for the last year, but Black people's grievances against the department go back decades. Now, the city council is mulling giving voters an option on the ballot this November to replace the police department outright with a new entity based around public health.

While Frey doesn't see eye to eye with advocates of the #DefundThePolice movement, he was forthright about the need to significantly reform the police and Minneapolis at large.

This interview has been edited for length and clarity.


Interview Highlights

In your view has there been a pattern of unlawful, unconstitutional policing in Minneapolis?

We've certainly had issues in our Minneapolis Police Department, like many other police departments throughout our country. And now I feel like we've reached a point when people are pushing very clearly for change. We're making sure that the precision of our actions right now match the precision of the harm that has been inflicted over quite some time. And let's be clear, we've got a mandate right now for that change. These cycles of trauma and tragedy, they're not going to interrupt themselves, so we need to act.

Let's stay with the changes that you would like to see happen. What are your prioritizing?

There have been a litany of changes that have already taken place. There are also more changes that are underway and that need to happen. Our Black community continues to demand these changes of the highest order. And that's everything from the George Floyd Justice and Policing Act at the federal level, that's state law changes and we need safety beyond policing as well. Noting that not every single 911 one call needs response from an officer with a gun.

The Minneapolis City Council is working to give voters an option on the ballot to eliminate the police department. Now in past you have not supported moves like that. Where are you now?

I very much support a comprehensive strategy to public safety that includes the aspects that I just talked about, whether it's a mental health co-responder approach or social workers or individuals that have experience working with those experiencing homelessness. That's important and that doesn't need to have response from an officer. The part where we diverge is twofold. One, I do not believe we should be defunding/abolishing the police department in a way that we would be significantly reducing the already very low number of officers that we have on a per capita basis in Minneapolis. And two, I don't support a move that would have the head of public safety or the chief of police report to 14 individuals. I believe that that diminishes accountability and it clearly diminishes the ability to provide clear direction.

How are you thinking about helping your city heal?

Our city has gone through a barrage of trauma over this last year, in many respects culminating in the trial and the verdict that we just saw yesterday. This is a moment perhaps centuries in the making — a centuries in the making reckoning around racial justice. And also, I want to note that we don't want to shortchange that moment in a way that we limit the conversations to simply aspects of policing. The conversation needs to be about economic inclusion. It needs to be about rights in housing. We need to be making clear moves towards racial equity in every shape and form, towards justice and to healing. And that can't simply focus on policy reforms and policing itself. Of course, that's part of it. But we need to go well beyond.

Karen Zamora, Elena Burnett and Courtney Dorning produced and edited the audio interview. Mano Sundaresan adapted it for Web.

Activist: Convictions In George Floyd's Death Could Represent 'A Huge Paradigm Shift'

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People celebrate at George Floyd Square in Minneapolis after the guilty verdict in the Derek Chauvin murder trial on Tuesday. Stephen Maturen/Getty Images hide caption

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People celebrate at George Floyd Square in Minneapolis after the guilty verdict in the Derek Chauvin murder trial on Tuesday.

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The murder conviction of Derek Chauvin could represent "a huge paradigm shift," if three other Minneapolis officers charged in George Floyd's death are also convicted, says Nekima Levy Armstrong, a civil rights attorney and activist in Minneapolis.

"Before yesterday's verdict, Minnesota officers had been sent the message that they could take a Black life and that there would not be any real accountability under the law, which makes it dangerous for Black people and other people of color," Armstrong said Wednesday in an interview with NPR's Morning Edition.

Along with the charges against Kim Potter, a Brooklyn Center Police Department veteran who killed Daunte Wright, "that is a huge paradigm shift," if all of those officers "wind up being convicted," Armstrong said. "It would have been unimaginable just even a month ago that something like that was possible."

"There is a lot of excitement about the fact that what we would call a killer cop is finally convicted," she said.

Armstrong said "this did not happen because the system worked. This happened because the people put in the work. At every hand, we had to press for the officers to be fired, for them to be charged, for there to be more serious charges and things like that."

She's not sure that Chauvin's conviction will set a precedent for how police behave in the future.

"It remains to be seen as to how the system will respond when an officer shoots someone or has to make a split-second decision versus the circumstances of this case," Armstrong said.

In a separate Morning Edition interview, Chris Stewart, a lawyer for the Floyd family, said, "The system worked because the people put in work. And when something has a bright light shined upon it, it functions properly."

Bystander video of Floyd's murder on a Minneapolis street made all the difference in bringing attention to his death, Stewart said. "Normally I say justice by video is the only way that African Americans ever, you know, get prosecutions in this type of case. ..."

"If there were no videos, if there were no bystanders screaming, 'Get off him.' If no one was paying attention, we never would have heard of this case. ... The world wouldn't have made it go viral," Stewart said.

Stewart also represented the family of Walter Scott, a Black man whose fatal shooting in 2015 by a white police officer in North Charleston, S.C., also was captured on video. Stewart says the pandemic helped raise the focus on Floyd's death.

Coverage of Scott's death "was huge," Stewart recalls. "It was worldwide for about a month. And then people moved on. You know, you got back to work. You got back to your family. You got back to life. But when George Floyd happened, we were all trapped in our homes. You couldn't move on. You know, there was no going to work. There was no leaving the house. And so people that normally wouldn't care about the death of some Black man in Minnesota cared."

Stewart says that proper policing and caring about how police treat people of color are not mutually exclusive.

"Because you want to hold an officer accountable does not mean you're against policing ..." he said. "We've been pushed that you have to choose a side, which is pure stupidity. You know, you can support good policing and you can support victims that don't look like you."

Milton Guevara, Arezou Rezvani and Scott Saloway produced and edited the audio versions of this story. Avie Schneider produced for the Web.

House Speaker Nancy Pelosi speaks alongside members of the Congressional Black Caucus on Tuesday following the verdict against former Minneapolis police officer Derek Chauvin for the murder of George Floyd. Jose Luis Magana/AP hide caption

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House Speaker Nancy Pelosi speaks alongside members of the Congressional Black Caucus on Tuesday following the verdict against former Minneapolis police officer Derek Chauvin for the murder of George Floyd.

Jose Luis Magana/AP

With the verdict against former Minneapolis police officer Derek Chauvin now in for the murder of George Floyd, attention is turning to Congress and whether lawmakers can meet the growing demand from across the nation for meaningful changes to policing.

On Capitol Hill, the guilty verdict appeared to add a new sense of urgency around talks on the George Floyd Justice in Policing Act, which passed the House of Representatives in early March, but seven weeks later remains bogged down in the Senate.

The legislation would ban chokeholds and end qualified immunity for law enforcement — the legal protection for police officers that limits victims' ability to sue for misconduct. It would ban no-knock warrants in federal drug cases, mandate data collection on police encounters and create a nationwide police misconduct registry to help hold problematic officers accountable. The bill would also prohibit racial and religious profiling and redirect funding to community-based policing programs.

The bill passed the House by a 220-212 vote, mostly along party lines. But it has faced an uphill climb in the Senate, where Republicans have sought to revive a competing plan by Sen. Tim Scott, R-S.C., designed to diminish the use of chokeholds — but not ban them outright — and increase federal reporting requirements for use of force and no-knock warrants. Democrats blocked the plan last June, saying it did not go far enough to address racial inequality.

In the wake of the Chauvin trial, lawmakers from both parties are saying they want to see action on policing, but the path ahead seems far from certain. While Democrats technically hold the Senate majority, they would need 60 votes (all of the Democratic caucus plus 10 Republicans) to overcome a potential filibuster and pass legislation.

Speaking to reporters Tuesday after the verdict was announced, Rep. Karen Bass, who first introduced the House bill in the last Congress, said informal discussions were taking place between Democrats and Senate Republicans, but the California Democrat said she "would not call it negotiation."

Bass has said she would like to see a bill reach President Biden's desk by the one-year anniversary of Floyd's death on May 25, though it remains unclear whether Democrats will be able to secure the Republican votes they would need to reach that target.

"I am hopeful because I'm working with Sen. Scott, and Sen. Scott has received the blessing of his caucus," Bass said in an interview Wednesday with NPR's All Things Considered. "I believe that if he is supportive of the bill, that we will be able to round up the Republican senators that we need."

Scott, who has been leading talks for Republicans, expressed cautious optimism about reaching a deal on Wednesday, saying, "I think we are on the verge of wrapping this up in the next week or two."

One of the major sticking points has been qualified immunity, an issue that Scott, the only Black Republican in the Senate, said he was working to resolve with Bass; Sen. Cory Booker, D-N.J.; and other Democrats.

"There is a way to put more of the onus or the burden on the department, or on the employer, than on the employee," Scott said. "I think that is a logical step forward and one that as I've spoken with Karen Bass over the last several weeks is something that the Democrats are quite receptive to."

He said other outstanding issues include how the legislation would deal with chokeholds and no-knock warrants.

Unlike last summer, when talks stalled in Congress, Democrats now hold the majority in the Senate and have a crucial ally in the White House. In a televised address to the nation after Tuesday's verdict, Biden said it was time for Congress to act.

"George Floyd was murdered almost a year ago," Biden said. "There's meaningful police reform legislation in his name ... legislation to tackle systemic misconduct in police departments, to restore trust between law enforcement and the people they're entrusted to serve and protect. But it shouldn't take a whole year to get this done."

Biden said he told the Floyd family that the White House would continue to fight for passage of the George Floyd Justice in Policing Act, but his administration has faced criticism for failing to detail his efforts to secure its passage.

Asked Wednesday about the president's role in the negotiations, White House press secretary Jen Psaki said Biden plans to use his address to a joint session of Congress next week "as an opportunity to elevate this issue and talk about the importance of putting police reform measures in place." Psaki also said the administration has been in direct conversation with leaders in Congress as well as with civil rights leaders who are advocating for the bill.

"But I will also say that there are times, and this is true in diplomacy, but also true in legislating, that ... the best strategy is to provide the space for those conversations to happen privately, and that's part of our objective," she said.

Meanwhile, Attorney General Merrick Garland on Wednesday announced the opening of an investigation by the Justice Department into possible patterns of discrimination and use of excessive force by the Minneapolis Police Department — the first such "pattern or practice" investigation in the Biden administration.

Derek Chauvin, seen here in a booking photo, faces sentencing in June. The former Minneapolis police officer was convicted of murder and manslaughter in George Floyd's death. Minnesota Department of Corrections via AP hide caption

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Minnesota Department of Corrections via AP

Derek Chauvin, seen here in a booking photo, faces sentencing in June. The former Minneapolis police officer was convicted of murder and manslaughter in George Floyd's death.

Minnesota Department of Corrections via AP

With Derek Chauvin found guilty of murder, attention now turns to his sentencing – and to the trial of three fellow former police officers who are accused of aiding and abetting Chauvin, who is white, in the killing of George Floyd, who was Black.

Tuesday's verdict is being hailed by activists who urge more accountability for police, particularly in officers' use of violent and deadly force against people of color.

Here's a look at what's next in the Minneapolis case:

Chauvin's likely prison sentence

Chauvin is scheduled to be sentenced in June after a jury found him guilty of all three charges Tuesday. In Minnesota, a person convicted of multiple crimes that happened at the same time is typically only sentenced for the most severe charge. In this case, that would be second-degree murder (unintentional) while committing a felony.

State guidelines recommend that Chauvin be sentenced to 12 1/2 years in prison for second-degree murder, given his lack of prior criminal history. But he could face a longer prison term if prosecutors successfully argue that aggravating factors – such as Chauvin's position of authority and Floyd's killing in front of a dozen witnesses – require greater punishment.

The maximum prison term for second-degree unintentional murder is 40 years, although the state's sentencing guidelines for second-degree unintentional murder largely taper off at 24 years.

Judge Peter Cahill, who has authority to sentence Chauvin above or below the guidelines, will take the first step in establishing the range of Chauvin's prison sentence in two weeks. He'll consider both sides' arguments over whether aggravating factors call for an "upward departure" in sentencing. Those arguments will be made in writing. The former police officer will be sentenced about six weeks later.

Under Minnesota law, people sentenced to prison become eligible to be considered for parole after serving two-thirds of their sentence, providing they've had no disciplinary problems in prison.

Kueng, Lane and Thao face trial

The trial of three other former police officers who were involved in Floyd's death is set to begin on Aug. 23 in the same Hennepin County government building where Chauvin was tried.

The former officers — J. Alexander Kueng, Thomas Lane and Tou Thao — will be tried together. The state has charged them each with two counts of aiding and abetting — one for second-degree murder and one for second-degree manslaughter.

All the former officers would face the same maximum penalty of 40 years in prison if they're found guilty of aiding and abetting second-degree unintentional murder. A guilty verdict on aiding and abetting second-degree manslaughter would expose them to a maximum of 10 years in prison, according to court documents in the case.

Kueng, Lane and Thao were fired along with Chauvin one day after Floyd died last Memorial Day. Soon afterward, prosecutors leveled criminal charges against the four.

At the time of Floyd's death, Chauvin was by far the most experienced officer of the group, with 19 years on the force. He also held the status of a field training officer.

Kueng, 27, and Lane, 38, were the first officers to respond to the Cup Foods store in southern Minneapolis after a report came in that someone had used a suspected counterfeit $20 bill to make a purchase. Thao, 35, then arrived with Chauvin.

A small crowd watched as the officers struggled to put Floyd into a police vehicle and then restrained him in the street, holding him facedown on the asphalt for nine minutes and 29 seconds. Video from the scene, with Floyd pleading for his life, set off outrage and months of protests over police brutality and racial injustice.

Police department under scrutiny

On Wednesday, U.S. Attorney General Merrick Garland announced a federal investigation into "whether the Minneapolis Police Department engages in a pattern or practice of unconstitutional or unlawful policing."

The guilty verdict in Chauvin's case "does not address potentially systemic policing issues in Minneapolis," Garland said.

The attorney general said the civil inquiry will review allegations of excessive force by Minneapolis police officers. The scope of the inquiry will also include police actions during the months of protests that followed Floyd's death.

"If the Justice Department concludes that there's reasonable cause to believe there is a pattern or practice of unconstitutional or unlawful policing, we will issue a public report of our conclusions," Garland said.

In addition to the new probe, the Justice Department is already conducting a civil rights investigation into Floyd's death.

Minneapolis police Chief Medaria Arradondo and other senior police officials testified against Chauvin during the former officer's trial, saying his actions went against departmental policies and training.

An image from a police body camera shows bystanders outside Cup Foods in Minneapolis on May 25, 2020. The group includes Darnella Frazier, third from right, as she made a 10-minute recording of George Floyd's death. Minneapolis Police Department via AP hide caption

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Minneapolis Police Department via AP

An image from a police body camera shows bystanders outside Cup Foods in Minneapolis on May 25, 2020. The group includes Darnella Frazier, third from right, as she made a 10-minute recording of George Floyd's death.

Minneapolis Police Department via AP

The Black teenager who recorded the now-infamous video of Derek Chauvin pressing his knee on George Floyd's neck for nearly 10 minutes last May is being hailed as a hero following the former Minneapolis police officer's conviction on murder and manslaughter charges.

Darnella Frazier, who was 17 at the time, testified during the trial that she has spent nights apologizing to Floyd for "not doing more." Now, people across the country — including Floyd's family, President Biden and numerous celebrities and elected officials — are crediting her bravery and quick thinking in capturing the video that they say made the guilty verdict possible.

After the jury convicted Chauvin of all three charges, Frazier shared a post on social media expressing her relief and thanking God. "Justice has been served," she added.

Frazier had been taking her 9-year-old cousin to Cup Foods last Memorial Day when she saw police officers holding Floyd on the asphalt near the rear of a police vehicle, a scene she described during her testimony as that of "a man terrified, scared, begging for his life."

She sent her cousin inside the store and began filming. The 10-minute video she posted to Facebook has since been seen by millions and became a central piece of evidence in Chauvin's trial.

"When I look at George Floyd, I look at my dad, my brothers, my cousins, my uncles, because they are all Black," Frazier said from the witness stand. "I look at how that could have been one of them."

The graphic video captured a scene drastically at odds with the initial police statement, which described the encounter as: "man dies after medical incident during police interaction." It said that Floyd physically resisted officers and made no mention of the prolonged restraint.

Many social media users and public figures are praising Frazier for taking the video, which they credit with disproving the police narrative and facilitating the trial's historic outcome.

Police officers are rarely convicted of murder for on-duty killings, and Chauvin is just the second such case in Minnesota's history.

In remarks delivered Tuesday, Biden also noted how rare such a verdict is and said Chauvin's conviction seems for many people to have been the result of "a unique and extraordinary convergence of factors" — including "a brave young woman with a smartphone camera."

Angela Harrelson, Floyd's aunt, lauded Frazier's bravery in a Wednesday interview with CNN.

"It really doesn't surprise me that much, with police cover-ups, because they've always had done that, especially towards Black and brown people," Harrelson said. "The sad thing is if it hadn't been for that 17-year-old girl Darnella, it would have been another Black man, that was killed by the police, his own fault, and they would have said, 'Oh, it was drugs, oh it was this.' And we would never have had the story we would have and wouldn't be here today talking."

Oscar-winning documentary filmmaker Michael Moore wrote in a tweet that Frazier had changed the world, adding, "No film in our time has been more important than yours." Journalist Ann Marie Lipinski called it "one of the most important civil rights documents in a generation."

Some have called for Frazier to receive the Pulitzer Prize for photojournalism. Melvin Carter, the mayor of St. Paul, Minn., wrote, "What work of media has been more consequential in the past year?"

"She is a stellar example of how everyday people can be powerful in documenting injustice and creating momentum for accountability," tweeted Sen. Tim Kaine, D-Va.

Frazier has received one award already — from PEN America, the nonprofit organization focused on freedom of expression. The legendary producer, director and screenwriter Spike Lee presented Frazier with an award for courage at a virtual ceremony in December.

"She documented the murder of George Floyd, our brother. King Floyd. And that footage reverberated around this God's earth, and people took to the streets all over this Earth," Lee said. "Not just the United States of America, and it wasn't just Black people either."

At the ceremony, a slew of high-profile figures — including actors Gabrielle Union and Meryl Streep, civil rights activists DeRay Mckesson and Anita Hill, and Sen. Cory Booker, D-N.J. — offered their praise and thanks in a series of brief video clips.

"I never would imagine out of my whole 17 years of living that this will be me," Frazier said as she accepted the award. "It's just a lot to take in, but I couldn't say 'thank you' enough for everything that's been coming towards me."

In the wake of the trial, supporters of Frazier are expressing their gratitude as well as their hopes that she will continue to receive support.

Frazier testified that she felt like she was in danger at the time and that police were threatening bystanders with Mace as they called for officers to stop hurting Floyd and render medical attention.

Many have noted that the experience and resulting trauma will stay with her permanently.

Bernice King, CEO of the Martin Luther King Jr. Center for Nonviolent Social Change, posted a tweet wishing "emotional healing" for Frazier, while journalist Evette Dionne offered prayers for the safety of Frazier and other bystanders who "now have a city police department's bullseye on their back."

Others are sharing the link to an online fundraiser titled "Peace and Healing for Darnella Fund," which was created last May and has raised more than $630,000 as of midday Wednesday.

"In addition to the trauma of watching a black man be murdered by police, she has had to deal with trolls, bullies and ignorant people harassing her online," organizers wrote. "It took unbelievable courage for her to stand there and bear witness to such an awful tragedy. We all have our roles to play in the revolution against white supremacy. Darnella played an important one and should be uplifted, not shamed."

In an update on Tuesday, organizer Mica Cole Kamenski said that while the fundraiser had originally been established to support Frazier's immediate healing and well-being, contributors wanted to provide the financial resources to ensure her long-term safety and that proceeds from the fundraiser will be transferred to a trust in Frazier's name.

Kamenski added that "because of Darnella Frazier, we saw a glimpse of accountability today."

"The support I had since day one carried me a long way," Frazier wrote on Facebook on Tuesday. "So thank you all again, thank you."

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