Derek Chauvin to change plea in federal civil rights case

Ex-Minneapolis police officer Chauvin is serving a state sentence for the murder of George Floyd.

December 13, 2021 at 9:14PM
Former Minneapolis police officer Derek Chauvin, seen June 25, plans to change his plea in a federal civil rights case, according to a Monday court filing. (Court TV via AP/The Minnesota Star Tribune)

Former Minneapolis police officer Derek Chauvin plans to change his not-guilty plea on federal charges that he abused his position of power to violate the civil rights of George Floyd, according to a new court filing Monday.

A grand jury indicted Chauvin — along with former officers J. Alexander Kueng, Thomas Lane and Tou Thao — this year on charges of using the "color of the law" to deprive Floyd of his constitutional rights to be free from the use of unreasonable force.

Chauvin pinned down Floyd with a knee on his neck for more than nine minutes in May 2020, and the other three did nothing to stop him, the charges say: "This offense resulted in bodily injury to, and the death of George Floyd."

All four pleaded not guilty to the charges in September. On Monday, the court published a notice that Chauvin will appear at 9 a.m. Wednesday to enter a new plea. His attorney, Eric Nelson, didn't immediately respond to a call for comment.

In April, Chauvin was convicted of second- and third-degree murder and manslaughter in state court in Minneapolis. If he pleads guilty to the federal charge, Chauvin could avoid another emotionally charged and highly publicized trial. The other three officers are not scheduled to appear alongside Chauvin at the hearing, meaning they are likely to go to trial, which is expected to begin early next year in St. Paul.

In June, as a state judge sentenced him to 22 1/2 years in prison, Chauvin prompted speculation of a possible plea deal when said he planned to reveal information that he couldn't talk about because of "additional legal matters at hand." He then turned toward Floyd's family and offered condolences. "There's gonna be some other information in the future that would be of interest, and I hope things will give you some peace of mind," he said.

Chauvin still faces another federal charge, this one related to a violent arrest of a 14-year-old in 2017. According to the charge, while responding to a domestic assault call, he grabbed and repeatedly struck the teen in the head with his flashlight. He then allegedly used a neck restraint to choke the boy unconscious. Chauvin has pleaded not guilty to those charges, and it is unclear if he plans to enter a new plea in this case as well.

If Chauvin does plead guilty, it will be welcome news for the three other defendants. Attorneys for Kueng, Lane and Thao have argued their clients could not receive a fair trial alongside Chauvin. In late November, a magistrate judge denied the motion to separate Chauvin from the case, saying all four should be tried together.

A state trial for Kueng, Thao and Lane is on the docket for early March, a few weeks after their federal trial is expected to end.

about the writer

about the writer

Andy Mannix

Minneapolis crime and policing reporter

Andy Mannix covers Minneapolis crime and policing for the Minnesota Star Tribune.

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