I know a lot of people have been asking why the officers have not been arrested. I keep replying that a 10 minute video may not necessarily be enough for a conviction. The incident is under investigation by the BCA and FBI and particularly when law enforcement officers are involved it is critically important to cross all t's and dot all i's before filing charges. This isn't a television program. Things happen a little slower in real life.
One of my neighbors is a retired defense attorney. I asked him the question to get his expertise. Here's our conversation.
Hi Neil.
I have a question I think you can answer. With the situation in Mnpls, why didn't those police officers get arrested and either charged or held pending charges based on the video evidence? I would expect that if I was video taped doing something that resulted in the death of another, I would be arrested. Can you explain please?
Here is his reply.
Cops are authorized to use force to make arrests and subdue people, and the authorization is “reasonable force” but includes the use of deadly force. Thus, it is a much more difficult line to define and determine what amount of force was reasonable in any given situation. Many factors go into that determination. Same as for us, the level of threat to our or cop safety, the actions of the suspect, the nature or method of force used, etc.
Kneeling on the neck isn’t an approved use of force by mpls department training and internal rules, but that alone doesn’t make it an unreasonable force, just makes it
more difficult for the cop to argue it was reasonable as a defense if he is on trial.
And thus also, if or when it finally goes to trial, it is a much grayer line to define and prove to a jury (typically) than it would be for us, as our line for use of force is much more restrictive and narrowly set out.