Derek Chauvin Juror: ‘We All Agreed at Some Point That It Was Too Much’
MINNEAPOLIS—When the seven women and five men on the jury in the Derek Chauvin murder trial gathered in a hotel conference room to start deliberating, there was one holdout, said one juror, Brandon Mitchell. After hearing about half the other jurors speak, the holdout was ready to convict on manslaughter.
So began five hours of deliberations over two days, said Mr. Mitchell, a 31-year-old high school basketball coach, also known as juror No. 52.
Mr. Mitchell is the first juror who sat through deliberations to speak out about what it was like to convict the former police officer of murder and manslaughter after sitting for three weeks hearing testimony and, he said, watching video of George Floyd die “over and over.”
The jury got the case on a Monday evening after a full day of closing arguments. Once they had selected a foreman, they took an initial vote, with 11 of the 12 jurors ready to convict Mr. Chauvin of manslaughter. The lone holdout told the group that the juror needed more time, Mr. Mitchell said, so the jurors had a chance to explain why they felt the charge fit.
By the time it was the holdout’s chance to speak, the juror had already come around, he said. After one hour of deliberation, the jurors were ready to call it a night. Unfortunately, it took a while for the food to arrive from the hotel kitchen, so they didn’t actually leave the jury room—a conference room in the Plymouth hotel—until after 8 p.m.
After spending the night alone in their rooms, they reassembled at 8 a.m. the next day.
Their first vote on third-degree murder was again 11 to 1, with the same holdout, Mr. Mitchell said. This time, they called up testimony and different pieces of evidence. Jurors gave their own interpretation of the legal issues required to approve the charge. They also created their own timeline, relating various events to when Mr. Floyd stopped breathing.
It took 3½ hours to reach a consensus on third-degree murder, he said. By the time they discussed the second-degree charge, he said it only took another 20 to 30 minutes.
The jurors all had their own ideas about exactly when Mr. Chauvin’s actions broke the law, but Mr. Mitchell said, “we all agreed at some point that it was too much.”
Mr. Mitchell said some of the jurors—including him—would have liked to hear from Mr. Chauvin.
The jurors had left the courtroom by the time Mr. Chauvin was handcuffed and led away, but when Mr. Mitchell saw video of him being taken into custody, he said he felt compassion for him. “He’s a human too,” he said.
“I almost broke down from that,” he said. “We decided his life. That’s tough. That’s tough to deal with. Even though it’s the right decision, it’s still tough.”
Mr. Mitchell, who is Black, lives within a mile of the courthouse, where the trial was held. He said he saw the protests that exploded last summer after Mr. Floyd’s death, but he doesn’t think he or the other jurors were swayed by fears their decision might trigger more unrest.
“The human aspect of it, in terms of watching somebody die every day, it outweighs that 10-fold,” he said.
Each morning, all jurors would drive to pickup locations in the suburbs and then were driven to the courthouse by deputies in unmarked cars, he said. Then they would leave from several different buildings, sometimes a block or two away from the courthouse.
Sometimes he’d go to his mother’s home in the Minneapolis suburb of Brooklyn Park “to feel some love” after tough trial days, he said.
When Mr. Mitchell got his jury notice last fall, which explained it was Mr. Chauvin’s case, he said he felt the weight of the moment and wanted to serve. But he also initially failed to fill out his lengthy juror questionnaire until he got a reminder from the court saying that it wasn’t optional. When jury selection finally rolled around in March, the timing was terrible for him.
The team he coaches at Minneapolis North High School was finishing out its season with a bid for the state championship.
Mr. Mitchell said he had never watched the entire bystander video of the May 25 arrest of Mr. Floyd. In it, Mr. Chauvin can be seen kneeling on Mr. Floyd’s neck as Mr. Floyd said he couldn’t breathe, called for his mother, and eventually lost consciousness. He said video—especially the body camera footage from the four officers involved in the arrest—was the most powerful evidence in the trial. He eventually had to stop watching as videos were played again and again. Video clips were played 166 times, according to a Wall Street Journal analysis.
It was much easier to follow the testimony of Dr. Martin Tobin, a pulmonologist and critical care specialist, who had jurors touch different parts of their necks as he gave them an anatomy lesson and explained how Mr. Chauvin prevented Mr. Floyd from breathing.
“He was the most excellent expert witness they could have had. He just solidified everything because he spoke so scientifically but elementary,” he said.
Mr. Mitchell found the defense’s medical expert, Dr. David Fowler, less convincing. “When Fowler was coming to the stand, I thought he might be able to possibly prove something else,” he said. “But he didn’t really tell me anything that I thought was concrete.”
His contention that carbon monoxide poisoning may have killed Mr. Floyd didn’t fly with the jury, he said.
“I don’t think anybody paid that any mind,” he said.
He felt Mr. Chauvin’s attorney, Eric Nelson, promised to “paint this big picture” but failed to deliver. Mr. Nelson didn’t immediately respond to a request for comment.
Mr. Mitchell, who has two brothers and two sisters, said the hardest part was hearing Mr. Floyd’s brother testify.
“I just related to it too much,” he said. “Being big, you know, former athlete and all these things—it just, it really just hit home…. It just felt like something that easily could have been me or anybody else that I know.”
Mr. Mitchell said he decided to come forward because “staying anonymous wouldn’t help push for change.”
Mr. Mitchell said he was pulled over for no reason by Minneapolis police dozens of times in his early 20s, usually driving his mother’s aging Chrysler Sebring. He said he has always told his players to follow the checklist his mother gave him during these encounters. Take your hat off; announce what you’re doing; be polite; do what you’re told.
But serving on the jury has made him see how wrong it is that a person should be so afraid that a police officer could do them harm that they needed to change their behavior.
“That’s also part of the reason why I’m speaking up now because that is a narrative that is horrible,” he said. “So somebody follows directions or not, they don’t deserve to die. That’s completely ridiculous.”