A large crowd cheers at a rally at Mission High School before a protest march commemorating George Floyd and those killed by police on Wednesday, June 3, 2020. (Kevin N. Hume/S.F. Examiner)

A large crowd cheers at a rally at Mission High School before a protest march commemorating George Floyd and those killed by police on Wednesday, June 3, 2020. (Kevin N. Hume/S.F. Examiner)

Officer was on George Floyd’s neck for about 9 minutes: U.S. prosecutors

Floyd died on May 25. He had been handcuffed and was pleading that he couldn’t breathe.

As the trial approaches for a white Minneapolis police officer charged with murder in the death of George Floyd, prosecutors are putting the time Derek Chauvin’s knee was on the Black man’s neck at about nine minutes.

The time has fluctuated before. It was recorded as 8 minutes, 46 seconds in an initial criminal complaint — a figure that became symbolic to many in the weeks after Floyd’s death — before a math error was corrected to make it 7:46. But filings since then, citing time-stamped police body-camera video, now make it at least nine minutes.

The fact that the figure has evolved probably won’t matter at Chauvin’s trial, which begins Monday with jury selection. One former prosecutor says it’s common for such details to be fine-tuned as prosecutors build a case. A support group for victims of police violence says the discrepancies won’t have any impact.

“He was obviously on there enough time to think about what he was doing. He heard the man pleading that he couldn’t breathe,” said Toshira Garraway, founder of Families Supporting Families Against Police Violence. “If it was two minutes or if it was five minutes or if it was 10 minutes, he was fully aware … Once he said, `I cannot breathe’ … he was supposed to remove his knee.”

Floyd died May 25. He had been handcuffed and was pleading that he couldn’t breathe, but Chauvin kept his knee on Floyd’s neck even after he stopped moving and speaking.

Chauvin is charged with second-degree murder and manslaughter. Three other officers — Thomas Lane, J. Kueng and Tou Thao — are charged with aiding and abetting second-degree murder and manslaughter and are scheduled for trial in August.

The narrative in the initial complaint filed May 29 by the Hennepin County Attorney’s Office says Chauvin held his knee to Floyd’s neck for 8 minutes, 46 seconds. But the time stamps cited in that charging document indicate it was actually 7 minutes, 46 seconds.

The Associated Press began asking about the error the day after the initial charges were filed, but prosecutors repeatedly declined to address it. The 8:46 detail was repeated in an amended complaint filed days later by the Attorney General’s Office.

In the weeks that followed Floyd’s death, some demonstrators staged “die-ins” that lasted 8 minutes, 46 seconds, some lawmakers knelt for that amount of time in the U.S. Senate, and mourners at a memorial service for Floyd stood in silence for 8:46 to reflect on the final moments of his life.

In mid-June, prosecutors acknowledged the one-minute error but said it would have no impact on the case.

READ MORE: ‘We’re sick of it’: Anger over police killings shatters U.S.

Documents filed by prosecutors in September and October changed the timing yet again. These documents contain the most detailed picture of what happened, citing time stamps from Lane, Keung and Thao’s body camera videos.

The documents don’t list an exact time for when Chauvin began kneeling on Floyd, but instead provide a narrative for when Floyd was first pressed to the ground. Time stamps on video from Lane’s body camera — recorded in 24-hour-clock format — show that began at some point from 20:19:14 to 20:19:45, meaning from 14 to 45 seconds after 8:19 p.m.

But the documents cite a clear moment when Chauvin removed his knee, when a stretcher was ready to take Floyd away. Lane’s body camera time-stamp read 20:28:45.

This means Chauvin had his knee on Floyd’s neck for at least nine minutes flat, but possibly for as long as 9 minutes, 31 seconds. Documents filed by prosecutors characterize the timing as “approximately nine minutes,” though in at least one document it is characterized as “more than nine minutes and twenty seconds.”

Stiles, the spokesman for the Attorney General’s Office, said the length of time of Chauvin’s restraint will be evidence presented at trial. He declined further comment.

Tom Heffelfinger, a former U.S. attorney for Minnesota who is not connected to this case, said it’s normal for prosecutors to fine-tune details as they build a case and that the length of Chauvin’s restraint won’t become essential until a prosecutor presents it to the jury.

But at trial, he said, the timing will become extremely relevant as both sides argue about Floyd’s cause of death. Heffelfinger also said it points to Chauvin’s state of mind and can be used by prosecutors to show wilfulness, and that Chauvin had Floyd under his control and held his position for too long.

“You can see from the bystander video, Chauvin had Floyd under control for that entire period,” Heffelfinger said. “He didn’t need to have his knee to the neck in order to maintain that … control.”

READ MORE: Minneapolis cop who knelt on man’s neck charged with murder

READ MORE: George Floyd asphyxiated by sustained pressure, autopsy reveals

United States

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Firefighters battled a burning home on farmland in the north end of Vernon Saturday, April 17, 2021. (Brendan Shykora - Morning Star)
UPDATE: Homeowner taken to hospital after Vernon home destroyed by fire

Firefighters engaged in a lengthy battle against the engulfed structure Saturday afternoon

The Regional District of North Okanagan has purchased a watercraft to be used by the BC Conservation Officer Service, who will conduct enhanced boat patrols on the Shuswap River during the 2021 floating season. (Brendan Shykora - Morning Star)
Boat purchased to provide enhanced Shuswap River oversight this floating season

The regional district purchased an extra watercraft to be used by Conservation Officers this year

The West Kelowna Warriors beat the Vernon Vipers 3-2 in BCHL action Friday, April 16, 2021. (Lisa Mazurek Photography)
West Kelowna goaltender stymies Vernon Vipers for 3-2 win

The Warriors were outshot 44-23 Friday night, but it didn’t bother Johnny Derrick

A group of youth in Kelowna's Knox Mountain Park are suspected as having violated the B.C. Wildlife Act by harassing a pair of nesting bald eagles with a drone Friday, April 16, 2021. (Conservation Officer Service photo)
Nesting bald eagles harassed by youth-piloted drone in Kelowna

Conservation Officers are hoping to hear from anyone who witnessed the Knox Mountain incident

Nick Clements captured a photo of the Northern Lights over Oyama Friday night, April 16, 2021. (Nick Clements photo)
PHOTOS: Northern Lights colour Okanagan night

Residents saw the dazzling green aurora borealis throughout the valley Friday night

Vancouver resident Beryl Pye was witness to a “concerning,” spontaneous dance party that spread throughout social groups at Kitsilano Beach on April 16. (Screen grab/Beryl Pye)
VIDEO: Dance party erupts at Vancouver’s Kitsilano Beach to the dismay of onlookers

‘It was a complete disregard for current COVID-19 public health orders,’ says Vancouver resident Beryl Pye

Pall Bearers carrying the coffin of the Duke of Edinburgh, followed by the Prince of Wales, left and Princess Anne, right, into St George’s Chapel for his funeral, at Windsor Castle, in Windsor, England, Saturday April 17, 2021. (Danny Lawson/Pool via AP)
Trudeau announces $200K donation to Duke of Edinburgh award as Prince Philip laid to rest

A tribute to the late prince’s ‘remarkable life and his selfless service,’ the Prime Minister said Saturday

B.C. homeowners are being urged to take steps to prepare for the possibility of a flood by moving equipment and other assets to higher ground. (J.R. Rardon)
‘Entire province faces risk’: B.C. citizens urged to prepare for above-average spring flooding

Larger-than-normal melting snowpack poses a threat to the province as warmer weather touches down

Vancouver-based Doubleview Gold Corp. is developing claims in an area north of Telegraph Creek that occupies an important place in Tahltan oral histories, said Chad Norman Day, president of the Tahltan Central Government. (THE CANADIAN PRESS/HO)
B.C. Indigenous nation opposes mineral exploration in culturally sensitive area

There’s “no way” the Tahltan would ever support a mine there, says Chad Norman Day, president of its central government

Stz’uminus Elder George Harris, Ladysmith Mayor Aaron Stone, and Stz’uminus Chief Roxanne Harris opened the ceremony. (Cole Schisler photo)
Symbolic red dresses rehung along B.C. highway after vandals tore them down

Leaders from Stz’uminus First Nation and the Town of Ladysmith hung new dresses on Sat. April 17

A Western toadlet crosses the centre line of Elk View Road in Chilliwack on Aug. 26, 2010. A tunnel underneath the road has since been installed to help them migrate cross the road. Saturday, April 24 is Save the Frogs Day. (Jenna Hauck/ Progress File)
Unofficial holidays: Here’s what people are celebrating for the week of April 18 to 24

Save the Frogs Day, Love Your Thighs Day and Scream Day are all coming up this week

Local carpenter Tyler Bohn embarked on a quest to create the East Sooke Treehouse, after seeing people build similar structures on a Discovery Channel show. (East Sooke Treehouse Facebook photo)
PHOTOS: B.C. carpenter builds fort inspired by TV’s ‘Treehouse Masters’

The whimsical structure features a wooden walking path, a loft, kitchen – and is now listed on Airbnb

The Attorney General’s Ministry says certain disputes may now be resolved through either a tribunal or the court system, pending its appeal of a B.C. Supreme Court decision that reduced the tribunal’s jurisdiction. (AP Photo/Mark J. Terrill)
Court of Appeal grants partial stay in ruling on B.C. auto injuries

B.C. trial lawyers challenged legislation brought in to cap minor injury awards and move smaller court disputes to the Civil Resolution Tribunal

An Extinction Rebellion Vancouver Island (XRVI) climate change event in 2019 saw a large crowd occupy the Johnson Street bridge. Black Press File Photo
‘In grief for our dying world’: B.C. climate activists embark on 4-day protest

Demonstrators will walk through Vancouver for the first two days before boarding a ferry Sunday morning

Most Read