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Feds Had 'Secret Plan' to Arrest Derek Chauvin in Court if Not Convicted of Murder

DOJ prosecutors were ready to arrest ex-cop if found not guilty or mistrial called

 on 29th April 2021 @ 3.00pm
federal prosecutors has a  secret backup plan  to arrest derek chauvin in court © press
Federal prosecutors has a 'secret backup plan' to arrest Derek Chauvin in court

The U.S. Department of Justice (DOJ) had a "secret backup plan" in place to arrest Derek Chauvin in court if the jury failed to find him guilty on all charges for George Floyd's death or if a mistrial was called.

Federal prosecutors had put the plan in place to ensure former Minneapolis police officer Chauvin would never walk free from court, it has been revealed.

Multiple sources told the Star Tribune that prosecutors were ready to immediately move in and charge the white ex-cop on federal counts if he was not convicted.  

The DOJ is now also planning to bring civil rights violations charges - akin to hate crimes - against Chauvin and the three other cops on duty with him when Floyd was killed in May 2020.

The secret plot saw federal investigators collaborate with their state counterparts at the Minnesota US Attorney's Office to bring charges against Chauvin by criminal complaint.

That process would have sped up the process of bringing fresh charges against 42-year-old Chauvin as it does not require a grand jury.

prosecutors feared a not guilty verdict would have prompted fresh chaos in riot ravaged minneapolis © press
Prosecutors feared a not guilty verdict would have prompted fresh chaos in riot-ravaged Minneapolis

Following his arrest, federal prosecutors would then have asked a grand jury to indict Chauvin, according to The Daily Mail.

The sources said these discussions were part of a contingency arrest plan to ensure Floyd's murderer did not walk free, amid fears such a verdict would have prompted fresh chaos in riot-ravaged Minneapolis.

Ultimately, the backup plan did not have to be used, after Chauvin was found guilty of all three counts he faced.

He was convicted of second-degree murder, third-degree murder, and second-degree manslaughter and taken to Minnesota's maximum-security prison Oak Park Heights.

He will be sentenced on June 25 after the court pushed it back from its initial date of June 16.

He faces up to 40 years in prison.

The DOJ is now planning to indict him and the three other cops involved in Floyd's death on civil rights charges, a source told the Tribune.

The federal investigation into Floyd's death is separate from the state's case which led to Chauvin's trial and conviction last week.

It has been running in parallel with federal authorities presenting evidence before a grand jury of 23 citizens who will decide if there is probable cause to bring charges against the disgraced officers.

The three other cops - J. Alexander Kueng, Thomas Lane, and Tou Thao - face trial together on August 23 on state charges of aiding and abetting second-degree murder and manslaughter.

They deny those allegations and were fired from their jobs at Minneapolis PD in the wake of Floyd's death.

The Minnesota AG's Office wants to also add a charge of aiding and abetting third-degree murder to each of their cases. 

Now, the DOJ wants to indict Chauvin on federal civil rights violations over both Floyd's death and a 2017 incident where he knelt on a black 14-year-old boy's neck for nearly 17 minutes. 

Kueng, Lane, and Thao would only be indicted over Floyd's death.

Chauvin has never faced any charges over the 2017 incident, details of which surfaced last year as state prosecutors asked a judge to allow them to use the case as evidence of the former cop's use of force in his trial. 

The judge banned prosecutors from telling jurors about the 2017 incident.  

In court documents, prosecutors said body cam video showed Chauvin and another officer responding to a domestic assault on September 4 2017 after a mother said she was assaulted by her teenage son and daughter.

The bodycam footage has not been released. 

The officers arrived to find the 14-year-old boy lying on the floor of his bedroom while on his phone. 

They ordered him to get up because he was under arrest.   

When he refused, Chauvin grabbed him and struck the teen in the head with his flashlight multiple times, the court documents say. 

Chauvin then grabbed him by the throat before hitting him again with the flashlight.

Prosecutors had argued this all occurred less than a minute after the officers first encountered the boy. 

Chauvin then applied a neck restraint to the boy, who briefly went unconscious, and then placed him in a prone position with a knee in his back for about 17 minutes until paramedics arrived, court documents state.  

He held his knee on the boy, who was bleeding from the ear, even after he said he was in pain and couldn't breathe, prosecutors said. 

The teenager was arrested for domestic assault and obstruction with force.

The judge ended up ruling in the defense's favor and banned prosecutors from telling the jury of the arrest.  

Federal prosecutors had witnesses testify before a grand jury two months ago regarding the 2017 incident.  

It is not clear when the federal charges will be brought with a source saying only that the grand jury indictments are expected soon, sending the four ex-cops to another criminal trial in federal court. 

It will be prosecuted by DOJ officials in Minnesota and Washington DC.

It is possible the DOJ will wait until after the state trials of the three other cops so as to avoid risking disruption to the state's case with further publicity. 

The murder trial of Chauvin was one of the most high-profile trials in US history and the trials of the other three are likely to be similar and will also be live-streamed to the American public. 

Chauvin's defense repeatedly tried unsuccessfully to argue for his trial to be moved or delayed due to publicity surrounding the case. 

derek chauvin and the 3 other cops involved in george floyd s death are set to face civil rights violations charges © press
Derek Chauvin and the 3 other cops involved in George Floyd's death are set to face civil rights violations charges

One of the biggest complications was the $27 million settlement paid to the Floyd family by the City of Minneapolis in the middle of jury selection for the case.

Federal prosecutors had been concerned about jeopardizing the state's case by announcing charges but are said to be moving forward with their own case following his conviction, the Tribune reported. 

This was evident in the timing of the announcement of a separate DOJ probe into the Minneapolis Police Department - less than 24 hours after Chauvin was convicted.  

The Justice Department announced it had opened a civil rights investigation last Wednesday, to determine whether the police department engages in a pattern or practice of policing that violates federal civil rights laws.

Attorney General Merrick Garland said this will involve "a comprehensive review of the Minneapolis Police Department's policies, training, supervision, and use-of-force investigations."

[RELATED] Medical Examiner Under Investigation for Testifying Chauvin Did Not Kill George Floyd

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