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Updates from Day 1 of the Derek Chauvin trial: 3 witnesses testify after disturbing video shown of George Floyd's death

Tuesday live coverage: MMA fighter who asked officers to stop 'blood choke' on George Floyd will testify again

MINNEAPOLIS – Prosecutors called their first three witnesses and began laying out their case Monday in the trial of former Minneapolis police officer Derek Chauvin, charged with killing George Floyd on a viral video that touched off worldwide protests and calls for police reform.

Any question about how and when the graphic bystander video of Floyd's death would be used in the trial was answered just minutes into Monday's opening statements. The prosecution played the whole video for the jury – all 9 minutes and 29 seconds of it, complete with audio of Floyd gasping "I can't breathe" 27 times and witnesses urging Chauvin to get off Floyd's neck.

Chauvin is charged with second-degree murder, third-degree murder and second-degree manslaughter. If convicted of the most serious charge, he could face 10½ years to 15 years in prison under sentencing guidelines for first-time offenders.

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Latest updates:

  • Court was expected to resume at 9:30 a.m. CT Tuesday.

  • The state called its third witness, Donald Williams, Monday afternoon, but encountered some technical problems and sent the jury home for the day. Williams is a trained mixed martial artist who said he tried to intervene in Floyd's death.

  • The state called its second witness, Alisha Oyler, Monday afternoon. She was working as a cashier at Speedway on the day George Floyd died, across the street from where it happened.

  • The defense was cross-examining the first prosecution witness Monday afternoon. Jena Lee Scurry, a 911 dispatcher, was working the day of Floyd's death and alerted a supervisor in the 911 center that something was awry in the incident.

  • In the opening statement for the defense, attorney Eric Nelson spoke for 25 minutes, arguing the evidence in the case is "far greater than 9 minutes and 29 seconds."

  • In attorney Jerry Blackwell's hour-long opening statement for the prosecution, he gave jurors a visual timeline of what happened throughout the 9 minutes and 29 seconds that Chauvin's knee was on Floyd's neck. He also played bystander video of the incident.

  • Monday morning before court opened, members of Floyd's family and lawyers linked arms and knelt down in front of the courthouse in silence.

200 protesters rally outside courthouse

About 200 protesters – accompanied by at least 30 journalists – rallied on Monday evening outside the county building to demand justice. Speakers were particularly angry that Chauvin’s attorneys, in their mind, were blaming Floyd for his own death.

"You would think the trial was for George and it isn’t – it’s for the police officer," said Lamar Pettis, 38, a Black man and protest attendee who watched portions of the trial’s first day at the dentist office. "I’ve got six kids and I don’t want to imagine them getting older and having this happen to them."

Waving pictures of Floyd and Black Lives Matter flags, the group listened to speakers for more than an hour, periodically breaking into chants of "Say his name: George Floyd" and "Say her name: Breonna Taylor."

Third witness, MMA fighter, says he saw Floyd 'slowly fade away'

The third witness to take the stand Monday was Donald Williams, a wrestler trained in mixed martial arts who witnessed Floyd’s death. Williams said he has been put in chokeholds dozens of times in MMA fights.

Williams was on his way to Cup Foods, where Floyd was arrested, when he arrived on the scene and saw Floyd "was vocalizing the distress that he was in."

"You see Floyd fade away, slowly fade away. Like (a) fish in a bag you seen his eyes slowly pale out ... and roll to the back of his head," Williams testified. He said Floyd was gasping for air and "pleading" for his life.

Williams recounted to the court that he told the officers to stop the "blood choke," which is a form of chokehold that renders someone unconscious. Chauvin was doing a "shimmy" to make the choke tighter, he said.

But in the midst of testimony, live video and audio feeds from the courtroom went down, and the nearby media center appeared to lose wifi access. Someone in the courtroom notified the judge, who called it "a major technical glitch." He dismissed the jury and closed court until Tuesday morning; Williams' testimony will resume then.

Second witness, cashier Alisha Oyler, filmed police 'messing with' Floyd

The state called its second witness, Alisha Oyler, Monday afternoon. She was working as a cashier at Speedway across the street on the day George Floyd died. She took seven videos on her phone.

The videos taken from across the street seemed shaky at times and are occasionally disrupted by traffic, cars in her Speedway parking lot and passersby. Some of the videos show the three officers on top of Floyd during the arrest and Oyler narrating the incident.

She told Steve Schleicher, a special assistant attorney general, that she started recording after she noticed police “messing with someone.” As prosecutors played clips taken by Oyler alongside portions of city surveillance video, Oyler said several times that she didn't remember everything that happened. Asked on the witness stand if she was nervous, she nodded in agreement.

Oyler said she saw people yelling after Floyd was taken away in an ambulance, but didn't learn why until later. As she left work, the area where the incident happened was sealed off with crime scene tape and she had to leave by a different route.

On cross examination, lead defense attorney Eric Nelson questioned Oyler about the statements she made to a Minnesota Bureau of Criminal Apprehension agent, whether she saw a crowd forming and yelling during the incident and if she was able to make observations not captured in the videos. She agreed that as the incident progressed the crowd grew larger and more vocal.

On redirect, Oyler told Schleicher she did not see Floyd resist officers, did not see a large crowd forming while three officers were on top of Floyd and did not see the officers get off of Floyd until after the ambulance arrived.

200 members of the Minnesota National Guard deployed in Twin Cities

Police, sheriffs deputies and the National Guard are on high alert, although they maintained a deliberately low-key presence Monday. About 200 members of the Minnesota National Guard are deployed in the Twin Cities to provide peacekeeping and traffic control as needed.

Speaking at a press conference Monday afternoon to address security concerns, Minneapolis police Chief Medaria Arradondo said his officers won’t permit the kind of violence and property destruction immediately following Floyd’s death.

Minneapolis police Chief Medaria Arradondo speaks to reporters at a briefing on safety and security preparations for the Derek Chauvin trial, which began March 29, 2021.
Minneapolis police Chief Medaria Arradondo speaks to reporters at a briefing on safety and security preparations for the Derek Chauvin trial, which began March 29, 2021.

Arradondo said his approach is being driven in part by conversations he had with small business owners who saw their property damaged or destroyed in the riots. Some of them said they won’t rebuild, he said.

"We cannot allow that to happen again," Arradondo said Monday. "We all have an obligation to keep our community safe, and we have to do that."

Graffiti scrolled on the wall outside the Hennepin County Government Center complains that authorities have spent more money protecting a building than they did Floyd.

Arradondo said Minneapolis, like many other cities, must address deep-seated structural issues, from housing and education to mental health and health care. But right now, he said, the focus is on keeping the peace while the courts address justice.

Added Hennepin County Sheriff David Hutchinson: "We do not welcome damage or destruction. We need to recover. We need to heal. We need that fair trial. We need a peaceful trial."

First witness, 911 dispatcher Jena Lee Scurry, had 'gut instinct' something was wrong

Two hours after the opening of court Monday morning, the prosecution called its first witness: Jena Lee Scurry, a 911 dispatcher who was working the day of Floyd's death and alerted a police department supervisor that something was awry in the incident.

Prosecutor Matthew Frank showed video from the street camera of the sidewalk and street outside of Cup Foods, where Floyd was arrested. Scurry said she remembered looking up at her screen and seeing portions of the live feed from city surveillance videos. She said she remembered seeing Floyd in the cop car. Later, she looked up and saw Floyd was on the ground, and the people in the video did not appear to move for a period of time, Scurry said.

"I first asked if the screens had frozen because it hadn't changed," Scurry said, adding, "I became concerned that something might be wrong ... it was a gut instinct of, in the incident, something's not going right."

Scurry said she called a sergeant. "If this was a form of use of force, I was calling to let them know," she said.

Frank then asked: "Have you ever, prior to that date, made a call like that to a sergeant?"

"No," Scurry replied.

Frank played the court a recording of the call Scurry made to the sergeant, where she can be heard saying, "You can call me a snitch if you want to ... I don’t know if they have used force or not. They got something out of the squad (car) and all of them sat on this man."

In cross examination, lead defense attorney Eric Nelson used the same surveillance video to show how the officers' initial attempts to get Floyd into the squad car caused the car to shake. He question Scurry about her knowledge of police use of force policies, and she said she was not a trained officer and was not sure, when she made the call to her supervisor, whether officers had broken policy or not.

Defense attorney Eric Nelson says evidence is 'far greater than 9 minutes and 29 seconds'

Lead defense attorney Eric Nelson gave a 25-minute opening statement, arguing the evidence in the case is "far greater than 9 minutes and 29 seconds." He said Floyd died as a result of the drugs in his system and underlying medical conditions.

Nelson said that other videos will be watched during the roughly month-long trial that give a broader view of what all took place May 25, 2020, depicting a scene where Floyd was on drugs and resisting arrest.

The arrest, Nelson said, was complicated by the size difference between Chauvin, at 5-foot-9 and about 140 pounds, and Floyd, who stood more than 6 feet tall and weighed more than 220 pounds. Rather than having his legs on Chauvin's neck and back – as the prosecution alleges – Chauvin, according to Nelson, had one leg on Floyd's shoulder blade and another on his arm.

Nelson stated that cause of death would be an enormous factor of the trial, disputing that Floyd died of asphyxia and stating:

"What was Mr. Floyd's actual cause of death? The evidence will show that Mr. Floyd died of a cardiac arrhythmia that occurred as a result of hypertension, coronary disease, the ingestion of methamphetamine and fentanyl, and the adrenaline flowing through his body – all of which acted to further compromise an already compromised heart."

Nelson said "there is no political or social cause in this court." He said Chauvin "did exactly what he had been trained to do over the course of his 19-year career."

Prosecutor Jerry Blackwell plays bystander video, says case 'is not about all police'

Attorney Jerry Blackwell gave the opening statement for the prosecution Monday morning, speaking for about an hour. He walked jurors through police procedures and rules that govern the Minneapolis Police Department, where Chauvin worked for 19 years.

"You will learn that on May 25 of 2020, Mr. Derek Chauvin betrayed his badge when he used excessive and unreasonable force upon the body of Mr George Floyd," Blackwell told the jurors. "He put his knees upon his neck and his back, grinding, and crushing him until the very breath ... until the very life was squeezed out of him."

Blackwell told jurors the case "is not about all police" or the difficult, "split-second decisions police must make." He said Chauvin had his knee on Floyd's neck for 9 minutes and 29 seconds, contrary to the widely reported estimate of 8 minutes and 46 seconds. "There are 569 seconds, not a split second among them," Blackwell said.

Blackwell provided jurors with a visual timeline of that period, pointing to when bystanders attempted to intervene and when Floyd spoke his last words. "You will see that he does not let up and he does not get up, even when Mr. Floyd doesn't have a pulse," Blackwell said. "You can believe your eyes. It's homicide. It's murder."

As the video played, Chauvin sat in the courtroom, taking notes on a yellow legal pad and occasionally looking up at the screen.

During jury selection, several of the jurors said they'd seen only part of the video. One juror, a retired woman in her 60s, said she had probably watched it on her own before the court proceedings "for four or five minutes" before turning it off. "It just wasn’t something I needed to see," she said.

Another juror, a single mother in her 50s, called the video "emotional" and said: "I decided I didn’t want to watch it." And another, a chemist in his 20s, said he had only seen snippets but "would be willing to be uncomfortable" by seeing the video in its entirety for the sake of the jury process.

George Floyd family members take a knee outside courthouse: 'The whole world is watching'

George Floyd's cousins, brothers and nephew, along with lawyers representing the family and the Rev. Al Sharpton, gathered in front of the courthouse Monday morning and spoke to the public before taking a knee for 8 minutes and 46 seconds, the amount of time Chauvin was seen kneeling on Floyd's neck. Subsequent court documents, however, put the time at more than 9 minutes.

"Today starts a landmark trial that will be a referendum on how far America has come in its quest for equality and justice for all. It will be prima facie evidence," civil rights attorney Ben Crump said. "The whole world is watching."

A news helicopter clattered overhead as Crump cited the Declaration of Independence and Floyd’s supporters demanded he receive the same justice as a white person would.

"This murder case is not hard when you watch that torture video fo George Floyd. And we have to call it what it is: it was torture," Crump said. "We’re not asking for anything extraordinary. We’re asking for equal justice under the law."

Brandon Williams, nephew of George Floyd, attends a press conference outside the Hennepin County Government Center on March 29, 2021.
Brandon Williams, nephew of George Floyd, attends a press conference outside the Hennepin County Government Center on March 29, 2021.

George Floyd's brother, Rodney, warned Americans watching the trial that attorneys for the defense were expected to cast doubt on Floyd's character. "Please, don’t be entertained by the lies they’re going to throw out on him. The truth is ... he was murdered in the streets," Rodney Floyd said.

Philonise Floyd sat in the Floyd family's seat in the courtroom Monday. No one was present for Chauvin.

On Sunday, the Rev. Billy G. Russell held an evening vigil at his church with members of Floyd's family, Sharpton and Crump. When he spoke Sunday, Sharpton pointed out that many cases never result in criminal charges against the officers involved, citing past incidents including the beating of Rodney King and the killing of Eric Garner. He said that Monday marks an opportunity for the country to hold police accountable.

"The criminal justice system is on trial," Sharpton said. "Chauvin is in the courtroom, but America is on trial."

How to watch opening statements in the Derek Chuavin trial

Chauvin’s trial is being broadcast on Court TV, and USA TODAY is livestreaming the court proceedings here and on YouTube.

Visual and audio recordings are not typically allowed in Minnesota courtrooms without authorization from a judge. Cahill upheld his decision to livestream the trial in December because of immense global interest in the case and limited courthouse space.

What's happened so far in Chauvin's trial?

Over the last 11 days, the judge and attorneys for the defense and prosecution selected a jury and decided what evidence the jurors will be allowed to hear.

Jury selection began in early March with an initial pool of more than 300 potential jurors who were asked to fill out a pre-trial, 13-page questionnaire about their prior knowledge of the case, their media exposure and whether they could set aside preexisting opinions to serve as an impartial juror. The judge and attorneys spent more than two weeks interviewing jurors and ultimately selected 15. Chauvin was in the courtroom each day, taking notes on a legal pad.

The process faced some delays after Minneapolis announced a historic $27 million wrongful death lawsuit with Floyd's family. The defense tried to delay or move trial, arguing news coverage of the announcement tainted the jury. Hennepin County District Court Judge Peter Cahill denied those motions, but he dismissed two jurors who had been chosen already and excused three prospective jurors when they said they were swayed by the settlement.

The judge also ruled the jurors will be allowed to hear some evidence related to a prior arrest of Floyd. In a May 2019 arrest, police responded to information about illegal narcotics activity and found substantial amounts of drugs on and near Floyd, according to court filings. Cahill said the arrest is "remarkably similar" to the fatal 2020 encounter, and that jurors can hear evidence from the 2019 arrest only related to Floyd's medical state – not his emotional behavior – since it pertains to the cause of death in the 2020 incident.

Defense attorney Eric Nelson, front, defendant former Minneapolis police officer Derek Chauvin, right, and Nelson's assistant Amy Voss, back, listen as Hennepin County Judge Peter Cahill presides Wednesday, March 17, 2021, over jury selection in the trial of Chauvin, at the Hennepin County Courthouse in Minneapolis, Minn.
Defense attorney Eric Nelson, front, defendant former Minneapolis police officer Derek Chauvin, right, and Nelson's assistant Amy Voss, back, listen as Hennepin County Judge Peter Cahill presides Wednesday, March 17, 2021, over jury selection in the trial of Chauvin, at the Hennepin County Courthouse in Minneapolis, Minn.

Who are the jurors?

The jurors come from a wide array of backgrounds. Some are well-versed in the case; others haven't followed the months of developments.

The panel includes a chemist, a nurse who has been caring for patients on ventilators, a retiree and a social worker. Seven are in their 20s or 30s, three in their 40s, four in their 50s and one woman is in her 60s.

Given the circumstances of Floyd’s death – a Black man dying under the knee of a white police officer – the racial makeup of the jury is a key concern. Nine of the jurors self-identify as white, two as multiracial and four as Black, according to the court.

More: Here are the jurors who will decide if Derek Chauvin is guilty of murder in George Floyd's death

Contributing: Trevor Hughes, Christal Hayes, Clairissa Baker

This article originally appeared on USA TODAY: Derek Chauvin trial Monday: 3 witnesses; George Floyd video shown