6:51 p.m. ET, April 1, 2021
Derek Chauvin's supervisor testifies the restraint of George Floyd should have ended earlier
From CNN’s Aaron Cooper in Minneapolis
David Pleoger, the Minneapolis Police Department sergeant who was on duty the night George Floyd died, said the force being used by officers should have stopped earlier.
Derek Chauvin is on trial for second-degree unintentional murder, third-degree murder and second-degree manslaughter charges in connection to Floyd’s death on May 25, 2020. He has pleaded not guilty.
“Do you have an opinion as to when the restraint of Mr. Floyd should have ended in this encounter?” prosecutor Steve Schleicher asked Pleoger.
“Yes,” he responded from the witness stand.
“When is it?” the prosecutor asked.
“When Mr. Floyd was no longer offering up any resistance to the officers, they could have ended the restraint,” Pleoger told the court.
“And that was after he was handcuffed on the ground and no longer resistant?” Schleicher asked.
“Correct,” the witness replied.
“It would be reasonable to put a knee on someone’s neck until they were not resisting anymore, but it should stop when they are no longer combative,” Pleoger said.
“Would you agree that a person may be restrained and only to the degree necessary to keep them under control?” Schleicher asked.
“And no more restraining?” Schleicher asked.
“Right,” the witness replied.
He also noted the requirement under police department policy is to call an ambulance and to render emergency aid while officers are waiting for the ambulance.
Pleoger was responsible for doing a report for specific times officers used force and had to respond to scenes when, “the maximum restraint technique” or hobble is used.
If used, the policy says officers are supposed to position the subject onto their side so they can breathe better, he testified.
“If you restrain somebody or leave them on their chest and stomach for too long, their breathing can become compromised, and so you'd want to get them up out of that position after a while, so they don't suffer breathing complications,” Pleoger said.
He testified the danger comes from someone’s own body weight, even if no one is pressing down on them.
Pleoger was the supervisor for the officers involved in Floyd’s death. He has known and worked with Chauvin since 2008 and had a similar work relationship with Tou Thao. Alexander Kueng and Thomas Lanes were new officers on his shift.
On May 25, Pleoger got a call from an earlier witness, 911 dispatcher Jena Scurry, to report a possible use of force by the officers at Cup Foods.
“She called to say she didn't mean to be a snitch, but she'd seen something, viewing a camera, that she thought was concerning and called let me know about it,” he testified.
On the recording of the call, Pleoger said it may have just been a “take down” and didn’t require a supervisor, but he called Chauvin on his cell phone to check it out.
“We had to hold a guy down, he was going crazy, wouldn’t go in the back of the squad,” a short clip from Chauvin’s body camera shows him saying on his cell phone.
Chauvin said they had tried to put Floyd in the car, he became combative, and then after struggling with him, he had a medical emergency, Pleoger testified.
After arriving on scene at Cup Foods, Pleoger directed the officers to try to get statements from the witnesses.
“We can try, but they are all pretty hostile,” Chauvin is heard responding on a body camera.
At one point Chauvin told Pleoger, he had put his knee on Floyd’s neck, but did not specify how long, Pleoger testified.
Pleoger went to the hospital and was first told Floyd was not doing well, then later he was informed that he had died.
Upon Floyd’s death the incident became classified as a “critical incident,” and specific procedures were followed, including securing the scene and taking the officers to Minneapolis City Hall to be questioned by investigators.
On cross-examination, Pleoger told defense attorney Eric Nelson there are some circumstances where it would be OK for there to be a short delay in reporting the use of force.
A phone call or text is adequate, and the report does not have to go through police dispatch.
Officers have to render medical assistance “as soon as reasonably practical,” according to Minneapolis Police Department policy Pleoger testified with the defense noting the word “reasonably.”
He agreed that the use of force is not “attractive,” Pleoger said. Officers sometimes have to do violent things, he said.
Pleoger acknowledged to Nelson it’s possible that officers could be planning to use a hobble, and then stop and decide to hold the person in place while they waited for medical help.
They would have to remove the hobble when paramedics arrived, and that could cause a delay in getting treatment.
Pleoger said bystanders yelling and filming police can increase the stress on officers.
He acknowledged that in some circumstances he would deal with a threat before providing medical attention.
Pleoger agreed with Nelson that “it can happen” that someone who regains consciousness can actually become more volatile.
A use of force review involves more than just reviewing body cameras, he acknowledged.
When he arrives at a scene, he said he would not care which officer talked to him first.
He knew it was a use of force incident when he arrived at Cup Foods, but he didn’t know it as a “critical incident” since he didn’t know Floyd had died.
Pleoger did not do a use of force review in this case. He later acknowledged he would not have done such a review even if Floyd had lived, since the use of force happened when he was in handcuffs.
On redirect examination, Pleoger told prosecutor Schleicher that officers sometimes should determine they should decrease the use of force.
Information like if the subject is still resisting, his medical condition, pulse, and breathing could dictate that an officer should stop being violent and provide medical help, he said.
On recross examination, Pleoger told Nelson that other things that could be considered as well, including the crowd, if they were volatile, traffic and more.
Other information should be considered too, including people telling the officer that a person was in need of medical help should also be considered, Pleoger told Schleicher.