(NEW YORK) — The fate of Derek Chauvin was placed in the hands of a Minnesota jury on Monday after the panel heard about five hours of closing arguments from prosecutors and the former police officer's defense attorney who offered radically different views on what killed George Floyd during a May 2020 arrest.
The jury, which is being sequestered in a hotel throughout its deliberations, got the case just before 4 p.m. CT after the attorneys' summations on the evidence in the case, including the testimonies from 45 witnesses and multiple videos from bystanders, surveillance cameras and police body cameras.
While prosecutor Steve Schleicher told the panel the state had proven beyond reasonable doubt that Chauvin is guilty of second-degree unintentional murder, third-degree murder and manslaughter, defense attorney Eric Nelson told the jurors the state fell short of meeting its burden and therefore they should find Chauvin not guilty on all of the charges.
Prior to handing over the case to the jury, Hennepin County District Court Judge Peter Cahill dismissed two alternate members of the panel -- Juror 96, a white woman in her 50s who works in customer service and is interested in homeless issues, and Juror 118, a white twentysomething social worker.
Cahill also issued some final advice and legal instructions to the jury, saying, "During your deliberations, you must not let bias, prejudice, passion, sympathy, or public opinion influence your decision."
"Now, members of the jury, the case is in your hands as judges of the facts," Cahill said. "I'm certain that you realize this case is important, serious, and, therefore, deserves your careful consideration."
Defense calls for mistrial
Once the 12 jurors were sent to deliberate, Nelson asked Cahill to declare a mistrial, arguing that prosecutor Jerry Blackwell, who gave the rebuttal for the state, belittled the defense in front of the jury by accusing it of telling "Halloween stories," "shading" the truth, and misrepresenting and fabricating facts.
Nelson also complained about inflammatory public comments made over the weekend by a member of Congress.
During a Black Lives Matter rally in Brooklyn Center, Minnesota, calling for justice in the police-involved fatal shooting there of Daunte Wright, a 20-year-old Black man, Rep. Maxine Water, D-Calif., voiced her views of what the verdict in the Chauvin trial should be.
"I hope we get a verdict that says guilty, guilty, guilty," Water's said. "And if we don't, we cannot go away. We've got to stay on the street. We get more active, we've got to get more confrontational. We've got to make sure that they know that we mean business."
Nelson told Cahill that Water's statement can be "reasonably interpreted to be threats against the sanctity of the jury process."
"And now that we have U.S. representatives, threatening acts of violence in relation to this specific case is mind-boggling," Nelson told Cahill.
Cahill responded that Waters "may have given you something on appeal that may result in this whole trail being overturned."
The judge agreed that politicians like Waters should be "respectful" of the jury process and said "failing to do so I think is abhorrent."
He denied the motion for a mistrial, adding, "a congresswoman's opinion really doesn't matter a whole lot."
9 minutes, 29 seconds
The prosecution was called on first to give a closing argument. Schleicher began his summation by talking about George Perry Floyd Jr., who he said was looked up to by his siblings and "was surrounded by people who he cared about and who cared about him throughout his life, throughout his childhood in that house, through his adolescence, into his adulthood.
Schleicher quickly moved to May 25, 2020, the day Floyd fell unconscious, lost a pulse and died while handcuffed and being held in the prone position by three officers, including Chauvin pressing his knee into the back of his neck.
"Nine minutes and 29 seconds," Schleicher said. "During this time, George Floyd struggled, desperate to breathe, to make enough room in his chest to breathe. But the force was too much. He was trapped. He was trapped with the unyielding pavement underneath him, as unyielding as the man who held him down, pushing him, a knee to the neck, a knee to the back, twisting his fingers, holding his legs for 9 minutes and 29 seconds, the defendants' weight on him."
He reminded the jury of Floyd's final words, noting Floyd called Chauvin referred to as "Mr. officer."
"'Please, I can't breathe,'" Schleicher told the jurors of what Floyd repeated 27 times in 4 minutes and 45 seconds until he could no longer speak.
He reminded jurors that the use of deadly force was applied to Floyd, who was accused of using a phony $20 bill to buy cigarettes at a Cub Foods store, a misdemeanor that multiple law enforcement officers testified did not merit an arrest.
"No courage was required. All that was required was a little compassion," Schleicher said. "And none was shown on that day."
Schleicher played clips from a now-famous bystander video taken by a then-17-year-old witness Darnella Frazier, showing Chauvin pressing his knee into the back of Floyd's neck as he begged for his life, complained of pain and cried out "momma!"
He told the jurors that they can rely on what they saw in the video, and countless others they viewed during the trial.
"Believe your eyes that unreasonable force, pinning him to the ground, that's what killed him," Schleicher said. "This was a homicide."
Chauvin removes mask
Chauvin sat at the defense table with his mask off during Nelson's roughly three-hour closing statement.
"So throughout the course of this trial, the state has focused your attention on 9 minutes and 29 seconds. The proper analysis is to take those 9 minutes and 29 seconds and put it into the context of the totality of the circumstances that a reasonable police officer would know," Nelson said. "And the proper analysis starts with: what did the officers, or what would a reasonable officer, know at the time of dispatch?"
He asked the jury to closely examine what occurred in the 16 minutes and 59 seconds before Chauvin and two other officers placed a resisting Floyd in a prone position on the pavement.
Nelson said that when Chavin arrived on the scene, he knew through a 911 dispatcher that Floyd was over 6 feet tall, possibly on drugs, and that the officers dealing with him had reported the situation was under control before suddenly requesting an urgent need for backup.
He said that when Chauvin arrived at the scene, the first thing he saw with officers Thomas Lane and J. Alexander Kueng struggling with Floyd, who was refusing to get into the rear of a squad car and complaining that he was claustrophobic.
"So, literally, this demonstrates to you a couple of things: how quickly a situation can change from second to second, minute to minute," Nelson said.
He said Chauvin was following his police training and acting as a reasonable officer would given the same set of circumstances when he and the other officers put Floyd on the ground. He said that because Floyd was actively resisting, Chauvin could have elevated the force used on Floyd, including punching or kicking him, to bring him under control.
"A reasonable police officer would understand this situation, that Mr. Floyd was able to overcome the efforts of three police officers while handcuffed. With his legs and his body strength," Nelson said
He said Chauvin and his colleagues were also confronted by an angry crowd, screaming at the officers to get off of Floyd and video recording the confrontation with their cell phones.
Nelson said the Minnesota Police Department training includes tactics on how to deal with a crowd and specifically states to "never underestimate a crowd."
Nelson also spent a lot of time arguing that Floyd's clogged arteries and the drugs in his system were the cause of his death, more so than Chauvin's knee. He ridiculed the prosecution's expert medical witnesses who said the drugs and Floyd's heart condition had nothing to do with his death, calling their opinions "preposterous."
"They just want you to ignore significant medical issues that presented to Mr. Floyd. And the failure of the state's experts to acknowledge any possibility, any possibility at all that any of these other factors in any way contributed to Mr. Floyd's death defies medical science and it defies common sense and reason," Nelson said.
(MINNEAPOLIS) -- The prosecution and defense in the murder trial of former Minneapolis police officer Derek Chauvin for the death of George Floyd are set to take their final cracks on Monday at swaying jurors after calling more than 40 witnesses and presenting numerous videos of the 46-year-old Black man's fatal 2020 arrest.
Here's how the news is developing Monday. All times Eastern:
Apr 19, 7:16 pm
Judge says trial could be appealed over Rep. Maxine Waters’ remarks
Defense attorney Eric Nelson argued for a mistrial over comments Rep. Maxine Waters made regarding the trial over the weekend.
“We’ve got to stay on the street, and we’ve got to get more active, we’ve got to get more confrontational,” Waters said at a demonstration in Brooklyn Center, Minnesota, on Saturday night when asked what protesters should do if Derek Chauvin is found not guilty.
Nelson brought up the comments after the jury was sent to deliberations Monday, saying he interpreted them “to be threats against the sanctity of the jury process” by “demanding that if there’s not a guilty verdict that there would be further problems.”
Judge Cahill denied the motion for a mistrial, saying jurors had been instructed not to watch the news and therefore couldn’t be prejudiced by the comments, but noted that “Congresswoman Waters may have given you something on appeal that may result in this whole trial being overturned.”
“I wish elected officials would stop talking about this case, especially in a manner that is disrespectful to the rule of law, or to the judicial branch in our function,” he later added. “I think if they want to give their opinions, they should do so in a respectful, and in a manner that is consistent with their oath to the Constitution.”
Apr 19, 5:10 pm
Jury heads into deliberation
After closing arguments from the prosecution and the defense, jurors were sent to deliberate the case against Derek Chauvin.
“The state of Minnesota and the Defendant have a right to demand, and they do demand, that you will consider and weigh the evidence, apply the law, and reach a just verdict regardless of what the consequence might be,” Judge Cahill instructed the jury. “You must be absolutely fair. Remember that it is fair to find the Defendant guilty if the evidence and the law require it. On the other hand, it is fair to find the Defendant not guilty if you are not convinced of his guilt beyond a reasonable doubt.”
“Now, members of the jury, the case is in your hands as judges of the fact,” he said. “I’m certain that you realize this case is important, serious, and, therefore, deserves your careful consideration.”
The jury will be sequestered until jurors reach a verdict.
Apr 19, 4:56 pm
Closing arguments have wrapped. Judge Cahill is now handing the case over to the jury.
Apr 19, 4:22 pm
Last witness is 'common sense,' state says in rebuttal argument
In the prosecution’s rebuttal, Minnesota Assistant Attorney General Jerry Blackwell brought "common sense" as the 46th witness in the case, stating that even a 9-year-old girl who witnessed Floyd’s death told Chauvin to get off of him.
"Why is it necessary to continue applying deadly restraint to a man who is defenseless, who is handcuffed, who is not resisting, who is not breathing, who doesn't have a pulse, and to go on and do that for another 3-plus minutes before the ambulance shows up, and then to continue doing it?" Blackwell asked. "How is that a reasonable exercise in the use of force?"
Blackwell also disputed Nelson’s portrayal of Chauvin as a reasonable police officer, saying the defense did not give the jury “the whole truth.”
"Notice how when you had the discussion about reasonable officer Mr. Chauvin, the whole narrative cut off before we get to the point that Mr. Floyd was not moving, that he was not conscious, that he didn't have a pulse, and Mr. Chauvin was still on top of him when the EMTs showed up, and he did not get off of him," Blackwell said. "How is that what a reasonable officer does?"
Apr 19, 4:07 pm
Defense concludes closing argument
Nelson wrapped up his closing statement by stating that prosecutors failed to prove its case beyond a reasonable doubt and that Chauvin should be found not guilty on all counts.
"Human beings make decisions, in highly stressful, situations that they believe to be right in the very moment it is occurring. There's lots of what-if’s that could have happened. What could have happened, what should have happened -- lots of them in lots of regards," Nelson said. "But we have to analyze this case from the perspective of a reasonable police officer at the precise moment, with the totality of the circumstances when it comes to the use of force."
Cahill then sent the jury out for a five-minute lawyer conference.
Apr 19, 4:03 pm
Prosecutors want jury to ignore Floyd’s significant medical issues, defense says
When court resumed after a 30-minute break, Nelson continued his closing arguments, stating that Floyd’s death was actually a “multi-factorial” process and claiming that prosecutors want to ignore his significant medical issues.
Nelson said that, according to the state, Floyd’s coronary heart disease, hypertensive disease, use of drugs that acted further to constrict Floyd’s already diseased heart and adrenaline coursing through his body during the police confrontation were “not relevant.”
"They just want you to ignore significant medical issues that presented to Mr. Floyd," Nelson said. "And the failure of the state's experts to acknowledge any possibility, any possibility at all that any of these other factors in any way contributed to Mr. Floyd's death defies medical science and it defies common sense and reason."
Apr 19, 3:46 pm
Defense has resumed its closing arguments after the judge called for a lunch recess.
Apr 19, 3:01 pm
Defense attacks doctors who testified as witnesses for state
Nelson took down several of the doctors the prosecution brought on as witnesses, stating that they were incorrect in their testimonies.
Nelson criticized cardiologist Dr. Jonathan Rich, who concluded that Floyd had a strong heart despite a 90% narrowing of the right coronary artery, a 75% narrowing in the left anterior descending artery, enlarged heart and history of hypertension.
The testimonies of Rich and an additional four doctors fly "in the absolute face of reason and common sense," especially in the testimony that none of Floyd’s preexisting conditions contributed to his death, Nelson said.
"It’s astounding," he said.
Apr 19, 2:50 pm
State has a large burden of proof, defense says
Prosecutors have a laundry list of items to prove in order for Chauvin to be convicted, Nelson said.
The state’s burden of proof includes proving that Floyd’s heart disease, history of hypertension and toxicology levels played no role in his death, Nelson said.
The state must also convince the jury beyond a reasonable doubt that Floyd was not experiencing excited delirium that contributed to his death and that the adrenaline produced as a result Floyd's physical resistance played no role, Nelson said.
Apr 19, 2:33 pm
Defense urges jury to decide whether Chauvin intentionally applied unlawful force
Nelson argued that Chauvin had no intent to purposefully use unlawful force.
"Officer Chauvin made a decision not to use higher levels of force when he would have been authorized to do that, including punches, kicks, elbows," Nelson said.
"All of these tools were available to Officer Chauvin," Nelson said, adding that officers called for EMS within one minute of putting Floyd on the ground.
Apr 19, 2:25 pm
Chauvin did not perform CPR because the environment was becoming hostile, defense says
Chauvin was occupied with a hostile crowd when Floyd took his last breath, making it difficult to perform CPR, Nelson said.
It is written in the Minneapolis Police Department to stop CPR when it is no longer safe to perform it, Nelson said, citing the testimony by Minneapolis Police Officer Nicole Mackenzie, the department's medical support officer, who discussed the difficulty of performing CPR in hostile environments.
"She described how it's incredibly difficult to perform EMS efforts in a loud crowd, difficult to focus when you don't feel safe, makes it more difficult to assess a patient and makes it more likely you can miss signs that a patient is experiencing something," Nelson said. "So the distraction, she said, can actually do harm to a patient."
Apr 19, 2:14 pm
Crowds can change rapidly, defense says
Chauvin would have been paying attention to the behavior of the crowd surrounding him and the other officers while restraining Floyd, Nelson said.
Minnesota Police Department training includes tactics on how to deal with a crowd, especially to "never underestimate a crowd."
"Crowds are very dynamic creatures and can change rapidly," Nelson said.
The bystanders on the scene of the Cup Foods began to raise their voices and call Chauvin names as the incident went on, Nelson said.
How Chauvin interacted with a crowd is in line with how a reasonable police officer would act, Nelson said.
Apr 19, 1:41 pm
The cellphone video is not the 'proper analysis,' defense says
The 9-minute and 29-second cellphone video of Chauvin kneeling on Floyd "completely disregards" what happened leading up to the restraint, Nelson said.
While the prosecution has been focusing on the length of the cellphone video, "a reasonable police officer would have taken into consideration the previous 16 minutes and 59 seconds," which included Floyd's resistance, Nelson said.
"Human behavior is unpredictable, and nobody knows it better than a police officer," Nelson said. "Someone can be compliant one second and fighting the next. Someone can be fighting and then compliant."
Apr 19, 1:30 pm
Government buildings in downtown Minneapolis are being fortified in the event of unrest following a verdict in the Chauvin trial.
Apr 19, 1:24 pm
Defense plays police body camera footage of Floyd being put into the squad car
Floyd was engaging in active resistance when Chauvin arrived on the scene of the Cup Foods, Nelson said.
Nelson played the video from Nelson’s body camera that showed two other officers struggling to put Floyd into the squad car as evidence of Floyd's resistance.
Nelson explained that a reasonable officer at that point would determine that the amount of force being used by the officers trying to put Floyd into the car was not enough to overpower Floyd’s resistance.
Apr 19, 1:19 pm
Defense explains what a 'reasonable' police officer would do
After Nelson asked whether Chauvin’s actions were an authorized use of force by a police officer, he went into detail on how a reasonable police officer would have approached the situation.
A reasonable police officer wants to keep his fellow officers, civilians and the person being arrested safe, Nelson said. A reasonable police officer also thinks about resources, such as where the closest hospital is or what the response time for EMS would be.
The direct knowledge that a police officer would have when use of force occurs is information from dispatch, direct observations of the scene and whether the subject was under the influence of a controlled substance, Nelson said.
When Chauvin arrived on the scene of the cup foods, he saw the suspect, who was 6 feet or taller and appeared to be under the influence, Nelson said.
"The situation is dynamic, and it's fluid," Nelson said.
Apr 19, 1:00 pm
'A criminal case is kind of like baking chocolate chip cookies,' defense says
Nelson used a baking analogy to explain what is necessary to find a defendant in a criminal trial guilty.
"I say that the criminal case is kind of like baking chocolate chip cookies," Nelson said. "You have to have the necessary ingredients. You got to have flour, and sugar and butter and chocolate chips, and whatever else goes into those chocolate chip cookies. If you have all of the ingredients, you can make chocolate chip cookies. But if you're missing any one single ingredient, you can't make chocolate chip cookies. It's a simple kind of analogy. But the criminal law works the same way."
Chauvin removed his face mask as he watched Nelson’s closing argument.
Apr 19, 12:42 pm
Defense begins closing arguments
Nelson, Chauvin’s attorney, began his closing statement by reminding the jurors that Chauvin is presumed innocent and does not have to prove his innocence.
Nelson also read the definition of proof beyond a reasonable doubt that the judge read to the jury in his instructions earlier in the day.
Apr 19, 12:21 pm
'This wasn't policing, this was murder ... there is no excuse': Schleicher
Schleicher ended his closing statement by emphasizing that Chauvin’s actions were "not policing" but rather murder, urging the jury to trust their eyes and gut.
"The defendant is guilty of all three counts. All of it. And there’s no excuse," Schleicher said.
Chauvin’s defense attorney Eric Nelson will give his closing argument after a 20-minute break.
Apr 19, 12:05 pm
Chauvin displayed 'conscious indifference' in his encounter with Floyd: Schleicher
Schleicher played the portion of the cellphone video where Floyd asked Chauvin for water and told him he could not breathe to show that Chauvin was indifferent to the distress Floyd was in.
Chauvin displayed "conscious indifference" to Floyd as he "leisurely" picked rocks out of a tire and commented on the smell of Floyd’s feet, even as Floyd’s voice became weaker, Schleicher said. Chauvin also ignored Floyd’s pleas and failed to provide medical attention, Schleicher added.
"This isn't protection," Schleicher said. "This isn't courage. And it certainly -- certainly is not and was not compassion. It was the opposite of that."
Apr 19, 11:51 am
The state does not have to prove Chauvin intended to kill Floyd, prosecutor says
Chauvin’s actions were intentional because he knew that kneeling on Floyd’s neck was dangerous and an unlawful use of force, Schleicher said.
"We don't have to show that the Defendant intended to kill him," he said. "The only thing about the defendant's intent that we have to prove is that he applied force to George Floyd on purpose, that this wasn't an accident."
Apr 19, 11:25 am
'Common sense' that Floyd died because Chauvin pressed down on his lungs, state says
Floyd died because of a low level of oxygen, not because of a drug overdose or a preexisting heart condition, as the defense attempted to portray, Schleicher said.
"'Die of a drug overdose,' that's not common sense, that's nonsense," Schleicher said.
The prosecutor continued, "Believe your eyes. What you saw happened, happened. It happened. The defendant pressed down on George Floyd so his lungs did not have the room to breathe."
Apr 19, 11:17 am
Putting Floyd in the prone position was 'completely unnecessary,' prosecutor says
Floyd was already handcuffed on the ground, positioned on his side, when he was then put in the prone position, on his stomach, Schleicher said.
While a subject is on his side, known as the "prone recovery position," it provides room for the chest to expand so he can breathe, Schleicher said.
Putting Floyd on his stomach after he was already in the recovery position was "completely unnecessary," Schleicher said.
"That is when the excessive force began," he said.
Apr 19, 11:06 am
'What the defendant did was an assault': Prosecutor
Apr 19, 11:03 am
George Floyd is not the one on trial, state says
Schleicher reminded the jury that Floyd is not the defendant in the case, pointing to the testimony that characterized Floyd as having a drug addiction and the accusation that he used a fake $20 bill in the Cup Foods, which prompted the 911 call that brought Chauvin to the scene.
"But he is not on trial," Schleicher. "He didn't get a trial when he was alive, and he is not on trial here."
Schleicher also dismissed claims the defense made that Floyd was noncompliant and resisting arrest, stating that Floyd followed commands to put his hands on the steering wheel upon his first encounter with Minnesota Police officers.
"That is not resistance," Schleicher said. "That is compliance."
Apr 19, 10:55 am
'This is not a prosecution of the police,' prosecutor says
Schleicher made "very clear" that the state was prosecuting Derek Chauvin, not the Minneapolis Police Department, calling policing a "most noble profession."
"This case is called the State of Minnesota versus Derek Chauvin," Schleicher said. "This case isn’t called the State of Minnesota versus the police."
Schleicher also said that Chauvin is not on trial for who he was, a police officer, but for "what he did," pointing to the multiple witnesses on the scene who felt compelled to call the police on the police."
He accused Chauvin of abandoning his values and training.
"He did not follow the department's use of force rules," Schleicher said. "He did not perform CPR. He knew better. He just didn't do better."
Apr 19, 10:45 am
Floyd’s last words were 'Please. I can’t breathe.': Prosecutor
Schleicher emphasized to the jury that Floyd’s last words were to plead with Chauvin.
"Floyd’s final words were, 'Please. I can’t breathe,'" Schleicher said. "He said those words to the defendant. He asked for help with his very last breathe."
Rather than help, Chauvin "continued to push him down, to grind his knees, to twist his hand and twist his fingers into the handcuffs that bound him," Schleicher said.
Apr 19, 10:38 am
Prosecutor describes George Floyd’s relationship with his mother
Hennepin County Prosecutor Steve Schleicher began the state’s closing arguments by describing Floyd’s relationship with his mother, Larcenia Jones Floyd, the matriarch of the family.
"And you heard about the special bond that she and George Floyd shared during his life." Schleicher said. "You heard about their relationship, how he would always take time, special attention to be with his mother, how he would still cuddle with her in the fetal position."
Floyd could be heard in cellphone video calling out for his mother as Chauvin kneeled on top of him.
Apr 19, 10:17 am
Judge gives jury instructions
Hennepin County Judge Peter Cahill read instructions to the jury before closing arguments began.
Cahill also gave the jury definitions for reasonable doubt and reminded the jury to consider all the evidence they have heard or seen in court.
Apr 19, 9:54 am
Closing arguments to begin Monday morning
The attorneys will begin presenting their closing arguments in the high-profile case just after 10 a.m. local time, with prosecutors, who allege Chauvin killed Floyd on May 25, 2020, by holding his knee on the back of his neck for over 9 minutes, going first.
Defense attorney Eric Nelson is expected to counter that Chauvin, a 19-year police veteran, was abiding by his police training when he and two other officers put a handcuff Floyd in a prone restraint and that a sudden heart attack and drugs in his system killed him more so than Chauvin's knee.
Once the closing arguments wrap up, the jury will be sequestered while they deliberate a verdict.
The Chauvin jury is composed of eight people who are white and six who identify as people of color, including four who are Black. They range in age from their early 20s to 60.
Among the panel are a tax auditor, an executive for a nonprofit health care company, a grandmother with an undergraduate degree in childhood psychology, a banker, an information technology manager who speaks multiple languages and a motorcycle-riding executive assistant.
Chauvin is charged with second-degree unintentional murder, third-degree murder and manslaughter. He has pleaded not guilty to the charges and chose not to testify in his own defense.
During the trial, which began on March 29 and enters its 15th day on Monday, prosecutors relied heavily on video taken of the deadly encounter by multiple bystanders, surveillance and police body camera to make their case that the use of force Chauvin applied on Floyd was unreasonable, unnecessary and not part of any training or policies of the Minneapolis Police Department.
A former sheriff's deputy was arrested Monday following a nearly day-long manhunt after the suspect's ex-wife and two others were shot to death in what authorities are calling a domestic incident in Austin, Texas.
The incident took place around 11:40 a.m. local time Sunday when officers got a 911 call about a shooting. When officials arrived on the scene, they found two women and a man shot and lying near two vehicles that appeared to have been involved in a crash, the Austin Police Department said.
The victims were pronounced dead at the scene. Officers later identified the victims as Amanda Broderick, 35, Alyssa Marie Broderick, 17 and Willie Simmons, 18.
On Sunday afternoon, Joseph Chacon, the interim police chief of the Austin Police, told reporters that the alleged suspect, Stephen Nicholas Broderick, 41, was on the run and was considered "armed and dangerous."
The suspect -- a former deputy at the Travis County Sheriff's Department -- was married to Amanda Broderick and they were scheduled to have a visitation with their son at the time of the incident, police said.
Stephen Nicholas Broderick allegedly opened fire in the victims after the two cars crashed, and then he fled the scene, according to police. It's unclear what caused the collision.
"The couple's son, who was present during the shooting, but physically unharmed, was later located away from the scene where he was turned over to APD officers," the Austin PD said in a news release Monday afternoon.
A manhunt for Broderick started that afternoon and continued into the night, with several law enforcement agencies, including the FBI, assisting. Stephen Nicholas Broderick was apprehended on Monday, shortly before 7 a.m. local time, in Manor, Texas, which is about 20 miles outside of Austin, Manor police said.
A loaded pistol was recovered in the suspect's waistband, police said.
"This is a tragic incident that has deeply impacted our community, and I'm glad to report that the suspect has been taken into custody without incident, and with no additional loss of life," Chacon said in a statement Monday.
The police said they don't yet have a clear motive behind Stephen Broderick's alleged actions and the investigation is ongoing.
(WASHINGTON) — U.S. Capitol Police Officer Brian Sicknick died of "natural" causes one day after a violent mob stormed the U.S. Capitol on Jan. 6, the Washington, D.C., medical examiner announced on Monday.
The medical examiner's conclusion comes amid lingering questions over whether the 42-year-old officer was fatally attacked on Jan. 6.
Last month, federal authorities arrested two men who allegedly assaulted Sicknick with bear spray at the Capitol, but authorities did not say if the assault directly contributed to his death the next day.
According to the medical examiner, a stroke is specifically what caused Sicknick's "natural" death, and, "If death is hastened by an injury, the manner of death is not considered natural."
In a statement, the U.S. Capitol Police said that while they accept the medical examiner's conclusion, "This does not change the fact Officer Sicknick died in the line of duty, courageously defending Congress and the Capitol."
"Working with the U.S. Attorney’s Office for the District of Columbia, the F.B.I.’s Washington Field Office and the Metropolitan Police Department, the USCP will continue to ensure those responsible for the assault against officers are held accountable," the statement continued.
Charges against Julian Khater of Pennsylvania and George Tanios of West Virginia include conspiracy to injure officers, assault on federal officers and civil disorder.
An affidavit said three officers, including Sicknick, "were incapacitated and unable to perform their duties for at least 20 minutes or longer while they recovered from the spray." One officer said the spray was "as strong as, if not stronger than, any version of the pepper spray they had been exposed to during their training as law enforcement officers."
ABC News' Luke Barr and Lauren King contributed to this report.
(HOUSTON) -- Two federal transportation agencies announced Monday they are sending teams to probe the fiery Tesla crash in Texas that left two people dead this past weekend.
The National Transportation Safety Board (NTSB) said it is sending two investigators to the area in coordination with local authorities to conduct a safety examination. The NTSB added that its investigation "will focus on the vehicle’s operation and the post-crash fire" and its workers are arriving at the scene Monday.
The National Highway Traffic Safety Administration (NHTSA) also said Monday that it launched "a Special Crash Investigation team to investigate the crash."
"We are actively engaged with local law enforcement and Tesla to learn more about the details of the crash and will take appropriate steps when we have more information," the NHTSA added.
Local authorities have said there is no indication that anyone was in the driver’s seat at the time of the crash and that the fire it caused took over four hours to extinguish.
The crash took place around 9 p.m. on Saturday in a suburb of Houston and involved two men who were inside a 2019 Tesla Model S, according to Harris County Precinct 4 Constable Mark Herman.
The two victims, aged 59 and 69, have not been identified by authorities.
Neither was in the driver's seat of the vehicle at the time of the crash, police said. The vehicle has an autopilot option.
One of the victims was found in the front passenger seat and the other in the backseat.
The two men had dropped off their wives at a nearby house earlier on Saturday and said they were going to take a ride in the Tesla, Herman told ABC News. The men were touting the electric car's features, he said.
Based on the evidence at the scene, the car was speeding when it lost control and landed more than 100 feet from the road, Herman said. The car then exploded and firefighters spent four hours and used more than 30,000 gallons of water trying to drown the flames.
The battery acid from the car was highly flammable and made the fire extremely difficult to contain, according to Herman. Eventually, the firefighters had to let the fire burn itself out.
(NEW YORK) -- Freezing temperatures and snow are on the way for millions of Americans from Denver to Detroit.
Already on Monday morning, snow alerts are up for seven states from Montana to Missouri as this new storm moves out of the Rockies and into the Plains.
Snow will hit Denver by Monday late afternoon into Monday evening and will move into Kansas City Monday night into Tuesday.
Denver is expecting up to a half a foot of snow with up to 15 inches of snow possible in the higher elevations.
Kansas City will see up to 3 inches of April snow with up to 4 inches west of the city.
The snow will move east into the rest of the Midwest and southern Great Lakes with snow possible for Illinois, Indiana and into Detroit, Michigan, by Tuesday night into Wednesday and several inches of snow could be possible there.
Behind the snowstorm, a winter-like freeze will move into a large part of the country.
Already this morning, 14 states are on freeze alerts from Texas to Michigan with the coldest night expected on Tuesday night as temperatures will fall to freezing and wind chills could be in the teens for some.
Meanwhile in Florida, severe thunderstorms produced 60 mph winds that caused damage to buildings in central Florida and ping pong ball-sized hail covered the ground over the weekend as the hardest hit areas were in central and northern Florida and north of Orlando.
A stalled frontal boundary will not move much over the next 48 hours and will bring more heavy rain with strong storms to central and the southern part of Florida.
Locally, more than 4 inches of rain is possible which could lead to flooding from Orlando to Naples and south Miami.
(SANTA ROSA, Calif.) -- The former Northern California home of an expert police use-of-force witness who testified last week for the defense in the Derek Chauvin murder trial was targeted over the weekend by vandals, police said.
Police in Santa Rosa, California, said the vandalism occurred early Saturday morning at the former home of Barry Brodd, a former Santa Rosa Police Department training officer, who moved out of the residence several years ago and no longer lives in the state.
"Because Mr. Brodd no longer lives in the city of Santa Rosa, it appears the victim was falsely targeted," Santa Rosa police said in a statement.
Police were called to the home just after 3 a.m. by the new homeowners, who told officers they were awakened by a group of people dressed all in black, who threw a severed pig’s head on their front porch and splattered blood on the front of their house, officials said.
"It appears the suspects in this vandalism were targeting Mr. Brodd for his testimony," the police statement reads.
About 45 minutes later, a statue of a giant hand outside the Santa Rosa Plaza shopping mall was also found coated in blood, police said. The vandals also left a sign in front of the statue that included a picture of a pig and the words “Oink Oink," police said.
"The suspects were seen fleeing the area and matched the descriptions of the suspects who vandalized the house," the police statement reads.
Brodd, a consultant on police practices and use of force, testified Tuesday as a paid expert witness for the defense.
He testified that his review of the evidence in the high-profile case led him to the opinion that the type of force Chauvin used on George Floyd was justified and that the former Minneapolis police officer "was acting with objective reasonableness following Minneapolis Police Department policy and current standards of law enforcement in his interactions with Mr. Floyd."
Brodd's opinion countered several Minneapolis Police Department use-of-force trainers and top department officials who testified that the amount of force Chauvin used on Floyd was excessive, unnecessary and not written anywhere in the agency's policies and practices.
"That action is not de-escalation," Minneapolis Police Chief Medaria Arradondo testified during the trial, which heads into closing arguments on Monday. "And when we talk about the framework of our sanctity of life and when we talk about our principles and the values that we have, that action goes contrary to what we are talking about."
Brodd testified that his career as a police officer spanned 29 years, the majority of it with the Santa Rosa Police Department.
Following Brodd's appearance at the Chauvin trial, Santa Rosa Police Chief Rainer Navarro issued a statement slamming the testimony.
"Mr. Brodd's comments do not reflect the values and beliefs of the Santa Rosa Police Department," Navarro said in his statement, adding that Brodd has not worked for his agency since 2004.
(LOUISVILLE, Ky.) -- One person is dead and another two are missing after a barge crashed into a pleasure craft on the Ohio River in Louisville, Kentucky, according to officials.
Seven people were on the boat when the accident occurred just after 10 p.m. Saturday off the Greenwood boat dock at Riverview Park, Jason Meiman, deputy fire chief of the Pleasure Ridge Park Fire Department, told reporters Sunday morning.
Five people on the boat were rescued by people on the barge, Meiman said. The four survivors are recovering at the hospital with minor injuries.
All of the people on the boat were adults, and one man and one woman are missing, ABC Louisville affiliate WHAS-TV reported.
The collision occurred after a fireworks show called the Thunder Over Louisville, the Louisville Courier-Journal reported.
Members of the Louisville Metro Police Department stayed on the river all night, but the search was difficult due to the dark conditions. Multiple search and rescue teams are continuing the search, Meiman said.
(WASHINGTON) — If Derek Chauvin, a former Minneapolis police officer, is found guilty in the killing of George Floyd, it could set a new precedent for policing, said Benjamin Crump, a civil rights attorney representing the families of Floyd and Daunte Wright.
"The outcome that we pray for and Derek Chauvin is for him to be held criminally liable for killing George Floyd, because we believe that could be a precedent," Crump told ABC's "This Week" co-anchor Martha Raddatz on Sunday. "Finally making America live up to its promise of liberty and justice for all. That means all of us -- Black people, Hispanic people, Native people -- all of us.
"And I am tired of -- as many Black people are -- tired of hearing when they kill unarmed Black people. I mean, from the local level all the way to the president of the United States they say, 'It is tragic that Daunte Wright was killed but looting is unacceptable,'" said Crump, who also represented the families of Trayvon Martin, Michael Brown and Breonna Taylor.
"What I want the president and everybody to add to that line, Martha, is killing unarmed Black people is unacceptable," he continued. "We have to send that message to the police, because the crux of the matter is this: I was born Black and I am going to die Black, but police do not kill me because I am Black."
Crump added that congressional action is necessary as the country looks to address the problem of violence toward non-white Americans by police.
"We need to get the George Floyd Justice and Policing Act passed to change the culture and the behavior of policing in America, especially as it relates to marginalized minorities -- and especially Black people. Because when a Black person is stopped for a traffic violation, it should not end up in a death sentence," he said.
Outside the Chauvin trial, Crump -- speaking on behalf of the Wright family -- said earlier this week that Kim Potter, the former Brooklyn Center, Minnesota, police officer who resigned after she said she accidentally pulled out her Taser instead of her gun in an interaction with Wright, saw Wright as "expendable."
Looking ahead to the verdict in Chauvin's trail, Raddatz asked, "If he is found not guilty -- as the nation braces for that verdict -- what would you say to the people of Minneapolis?"
Crump said the country cannot continue to tolerate excessive violence.
"I would say, once again the American legal system has broken our heart and we cannot condone this excessive use of force, America. We cannot condone this inhumanity, America. We cannot condone this evil that we saw on that video with Derek Chauvin, when he kept his knee on George Floyd's neck for nine minutes and twenty-nine seconds. And we have to finally have this racial reckoning, America, because if we don't, then people are gonna continue to have these emotional protests," he said.
In a separate panel on Sunday, following Crump's interview, ABC News Chief Legal Analyst Dan Abrams and Channa Lloyd, a civil rights attorney and managing partner at the Cochran Firm, agreed it is highly unlikely Chauvin will be acquitted.
"I think those of us who have been watching this case closely, who have been watching all the expert testimony, watched the video, watched the opening statement, et cetera, would be stunned if there was an all-out acquittal where you find 12 jurors who say that he was not guilty," Abrams said.
"In this case the prosecution has set out a very tight case, they have covered a lot of the bases, they were very thorough," Lloyd said. "I don't feel the defense brought up experts that were able to combat the information that was given by the state's experts, and in this case I do not feel we're going to see an acquittal."
(KENOSHA, Wis.) — Three people were killed and two others were seriously injured in a shooting early Sunday at a crowded Wisconsin bar, prompting a two-state search for at least one gunman who authorities said targeted the victims.
Gunfire broke out inside and outside the Somers House Tavern in Kenosha, Wisconsin, around 12:42 a.m. when a man who had been kicked out of the bar returned with a handgun and opened fire, Kenosha County Sheriff David Beth said at a news conference Sunday morning.
"We don't believe this was a random act," Beth said. "From what I've been told, the three people who passed away probably knew each other. This was a targeted situation."
Beth said it was not immediately clear why the gunman was asked the leave the tavern.
"This person that was asked to leave wasn't cooperating with the management there," Beth said. "But I believe he returned a short time later and came in and did the shootings."
Beth did not rule out the possibility that more than one gunman was involved in the fatal shooting, saying more than one gun could have been used.
He said detectives are combing through surveillance video and interviewing witnesses in an attempt to identify the suspect or suspects. Law enforcement agencies throughout southeast Wisconsin and northern Illinois were searching for the suspect, the sheriff said.
In a statement sent out earlier Sunday, Sgt. David Wright of the sheriff's office described the suspect as "a Black male over six feet tall wearing a light-colored hooded sweatshirt."
Beth said he could not immediately say if any of the three people killed worked at the Somers House or were patrons. The names of the victims have not been released.
"I believe the gunman knew who the victims were. Whether the victim knew the gunman, I don't know," Beth said.
He said investigators believe a second shooting that occurred outside the bar is related to the bloodshed inside.
Beth said one of the people shot managed to jump in a car with two other people, who flagged down a law enforcement officer. He said the officer moved the victim to his patrol car, but the person died en route to a hospital.
The shooting caused a lockdown at nearby Carthage College, but Beth said there was no threat to the surrounding community.
He asked the public to contact the sheriff's office if they witnessed the shooting or have information to help investigators identify the killer.
ABC News' Ahmad Hemingway contributed to this report.
(MINNEAPOLIS) — The jury in the trial of former Minneapolis police officer Derek Chauvin in the death of George Floyd has now heard nearly three weeks of at-times emotional testimony from over three dozen witnesses, as well as watched hours of video of Floyd's arrest.
The court proceedings continue Monday morning with closing arguments from the prosecution and defense and final instructions for the jury, which will be sequestered while they deliberate to reach a verdict.
Chauvin, 45, faces second-degree unintentional murder, third-degree murder and second-degree manslaughter charges in the death of Floyd, 46.
Here are some of the major takeaways from the high-profile trial after 14 days of evidence.
Chauvin, Hall invoke 5th Amendment
A question throughout the trial had been whether Chauvin would testify in his own defense. On April 15, the last day of testimony, that question was answered. Before the jury entered the courtroom and the defense wrapped its case, Chauvin addressed the court to say he would invoke his Fifth Amendment privilege.
The decision came after several conversations with his attorney, Eric Nelson, including a long one the night before, Nelson said.
When asked by Hennepin County Judge Peter Cahill if he was pressured into making the decision, Chauvin responded, "No promises or threats, your honor."
Cahill said he will comply with Chauvin's request to instruct the jury that they "should not draw any inference" on his guilt or innocence by exercising his right not to testify.
Chauvin wasn't the only one to invoke the Fifth Amendment. The day before, Morries Hall, who was in a vehicle with Floyd the day he died, said he wanted to invoke the Fifth Amendment to avoid any incriminating testimony.
"I'm fearful of criminal charges going forward. I have open charges that's not settled yet," Hall said.
Hall has been identified during trial testimony as a suspected drug dealer from whom Floyd obtained narcotics.
Medical witnesses testify Floyd died of asphyxia
The prosecution has argued that Floyd died because of restraints by police officers, including Chauvin's knee pressed down on his neck during the arrest.
Floyd's autopsy report concluded that he died of "cardiopulmonary arrest, complicating law enforcement subdual, restraint, and neck compression," meaning that his heart and lungs stopped working. It did not specifically mention asphyxia.
However, several medical witnesses testified that Floyd did die by asphyxia, among them world-renowned pulmonologist Dr. Martin Tobin, a Chicago doctor and breathing expert.
While testifying on April 8, he led jurors through a series of demonstrations illustrating the pressure placed on Floyd's neck during the arrest, concluding he died from "a low level of oxygen" that damaged his brain and stopped his heart. With Chauvin's knee on his neck, Floyd was essentially squeezed to death, he said.
"A healthy person subjected to what Mr. Floyd was subjected to would have died," Tobin said.
During her testimony the following day, Dr. Lindsey Thomas, a forensic pathologist in Minneapolis, supported Tobin's statements that Floyd died of asphyxia. She said she reached that conclusion by watching footage of the arrest.
"In this case, the autopsy itself didn't tell me the cause and manner of death," she said. "In this case, it was primarily the evidence from the terminal events, the video evidence, that show Mr. Floyd in a position where he was unable to adequately breathe."
When Dr. Andrew Baker, the Hennepin County medical examiner who conducted Floyd's autopsy, took the stand earlier that same day, he said he didn't look at video of Floyd's arrest until after completing the report. He told jurors he believes the main cause of death was law enforcement restraint.
When the defense questioned Baker on the lack of bruises on Floyd's neck and back, the doctor said, "That's just not something that I think we see as medical examiners -- pressure to the back of the neck explaining strangulation."
Defense tries to sow reasonable doubt Floyd died due to police restraints
While the prosecution argued that Floyd died due to police restraints used during his arrest, the defense countered that Floyd's heart disease and drug use -- fentanyl and methamphetamine were found in his system during an autopsy -- played a role in his death.
A medical expert presented by the defense, Dr. David Fowler, said Floyd's heart condition, drug use and a potential stomach tumor played a "significant" role in his death.
He also brought up another potential contributing factor not yet presented -- carbon monoxide exposure, from the tailpipe of a nearby police car while Floyd was pinned to the ground.
"They contributed to Mr. Floyd having a certain cardiac arrest, in my opinion. That's how I would read it," said Fowler, who added that Floyd's blood was not tested for carbon monoxide.
Fowler, a former Maryland chief medical examiner, testified that if he were the medical examiner in the case, he would have classified the death as "undetermined," not homicide.
Police officials say Chauvin violated policies
A dozen current and former members of law enforcement testified for the prosecution that Chauvin violated numerous police use-of-force and ethics policies and training while detaining Floyd.
Among them was Minneapolis Police Department Chief Medaria Arradondo, who testified on April 5 that the former officer violated the force's underlying motto to "protect with courage and serve with compassion.”
He also said Chauvin, as well as the other officers who restrained Floyd, failed to provide first aid even though they had checked for a pulse and not found one.
Lt. Richard Zimmerman, who has the most seniority of any officer in the Minneapolis Police Department, called the use of force used on Floyd "totally unnecessary" during his testimony on April 2.
Meanwhile, Barry Brodd, a consultant on police practices and use of force who testified for the defense on April 13, told the jury that Chauvin "was acting with objective reasonableness following Minneapolis Police Department policy," and that his use of force was "appropriate" and not deadly.
He said he didn't consider placing Floyd in the prone position a use of force, though conceded during cross-examination that if officers inflict pain on a person being held in that position, it could constitute a use of force.
Floyd's brother provides 'spark of life doctrine' testimony
Minnesota, unlike many states, allows loved ones of an alleged crime victim to testify in advance of a verdict, as opposed to leaving it for victim impact statements during sentencing if there is a conviction.
George Floyd's younger brother, Philonise Floyd, gave what's known in the state as "spark of life doctrine" testimony on April 12.
It was during that testimony that jurors learned about George Floyd, beyond his drug addiction and the circumstances of his death.
"This puts some personal nature back into the case for somebody who's treated so impersonally in an unfortunately biased system," prosecutor Matthew Frank told Cahill.
At times wiping away tears, Philonise Floyd spoke of his brother's love of their late mother, Larcenia Floyd, whom George Floyd cried out for while being pinned by Chauvin.
Philonise Floyd called his brother a "big momma's boy" and shared a photo of him as a child being held by their mother.
"Being around him, he showed us, like, how to treat our mom and how to respect our mom. He just -- he loved her so dearly," Philonise Floyd said.
ABC News' Bill Hutchinson, Marlene Lenthang and Whitney Lloyd contributed to this report.
(NEW YORK) — Severe storms are expected across northern and central Florida with gusty winds and hail on Sunday through Monday as more snow showers move through the Rockies in the West with up to four states under winter weather alerts.
Overall, a quiet weather pattern takes us into the first half of the week for most of the Northeast with temperatures back in the 60s to 70s.
A frontal system will hover over Florida for the next 48 hours and will bring more rain, gusty winds and hail across central and southern Florida through Monday.An estimated 1 to 3 inches of rain is possible with this system through Tuesday.
Elsewhere, temperatures start to bounce back to the 60s and 70s today through Wednesday across the Northeast.
Unfortunately, the spring warmth will be short-lived with temperatures back down to the 50s by the end of the week.
Scattered showers will be possible on Monday across the Northeast as another system is expected to bring heavy rain Tuesday night into Wednesday.
In the Midwest, a cold blast should arrive earlier in the week with an opportunity for accumulating snow across the Rockies and winter weather alerts are in effect for four states on Sunday through Monday evening from Montana to New Mexico.
There is an elevated fire risk on Sunday across the Pacific Northwest to Southern California and that threat will spread to Nevada and Utah by tomorrow.
There are wind advisories in effect in California, Washington and Montana through Monday with gusts up to 45 mph possible and humidity levels as low as 10%.
(CHICAGO) — Lupita Perez can't bear to watch the body camera footage that shows the final moments of her cousin's life, when 13-year-old Adam Toledo was shot and killed by a Chicago police officer.
In a phone call with ABC News Saturday, two days after the the footage was released, Perez, 29, said the teen's family is completely distraught over his death, which has sparked protests in Little Village, where he lived and was killed on March 29.
Officers responding to the neighborhood after reports of gunshots shortly before 3 a.m. that day encountered Adam Toledo and Ruben Roman, 21, police said. Both ran, and the teen was shot following a foot pursuit.
Police initially described the incident as an "armed confrontation." Body camera footage shows an officer yell at him to stop, show his hands and "drop it," then shoot the teen in the chest after he puts both of his hands up. According to the Cook County state's attorney's office, the teen allegedly tossed a gun behind a fence right before he was shot.
In a freeze frame of the footage, it appears Adam may be holding a gun. The shooting took place in less than one second, authorities said.
Eric Stillman has been identified in the original case incident report as the Chicago Police Department officer who fatally shot the teen. He's been put on administrative duty during the investigation.
In a statement to ABC News, Stillman's attorney, Tim Grace, said the officer "was faced with a life-threatening and deadly force situation. All prior attempts to deescalate and gain compliance with all of the officers' lawful orders had failed.”
Perez said Adam Toledo's mother, Elizabeth Toledo, is hoping the officer will be held accountable.
"She just wants justice," Perez said. "She just wants his name to be cleared because he did have his hands up when the cop shot at him."
Perez described Adam Toledo as a "kind" and "funny" kid who loved to laugh. She recalled that he would play with her 7-year-old daughter Kaylah's dolls to make Kaylah laugh.
The teen was extremely close with his 11-year-old brother, Anthony, and Perez's 11-year-old son, Jael Cholico, she said.
Jael wrote a letter that he read at Adam Toledo's private funeral and which was buried with his casket, Perez said. In the letter, Jael wrote, in part: "Adam's life was cut down short. Adam would have done great things. I wish Adam would [have grown] old with me and Anthony. ... Our kids would have been best friends. Yes, you may be gone, but you will be forever in our hearts.”
Marco Toledo Jr., Adam's eldest brother, remembered the seventh-grader as the "most loving and caring little kid" he knew.
In an email to ABC News, Marco Toledo, 22, said one of his favorite memories of his brother was that when he got his first car, Adam and Anthony would always want to help wash it.
Adam Toledo loved movie nights at home -- some of his favorites were "I Am Legend" and "Cloudy with a Chance of Meatballs," Marco Toledo said. The teen also was a fan of zombie movies.
Marco Toledo just bought a house outside Chicago and was looking forward to having his little brothers over for sleepovers.
"Being the oldest of the boys, I have always wanted better for my little brothers and my older sister," he said.
He said his last memory of his brother is of him "all happy," jumping around as he ate pizza.
Amid the ongoing investigation, Marco Toledo defended his younger brother, saying that he "wasn't a bad kid like everyone says he was."
"Us being little kids, we all made mistakes. Why? Because no teenager and no human is perfect," he said. "No matter what, we all have our flaws and mistakes we have made as kids and still do till this day. No matter what people say, kids will be kids and will make mistakes, but will learn from them -- something my little brother didn't get the chance to do."