SARASOTA (WSNN) – It’s not often we see prosecutors convict a police officer. Derek Chauvin’s murder conviction is rare. Former prosecutors and active defense attorneys on the Suncoast explain how this verdict was the exception of the exceptions.
“I can’t even recall ever in Sarasota, and I’ve been here all my life, where we ever prosecuted an officer for police shootings,” Criminal Defense Lawyer, Derek Byrd said.
This is rare across the nation too. A New York Times Article reports there have only been seven murder convictions of officers for fatal police shootings since 2005.
After 26 years of working as a criminal defense attorney, Derek Byrd, says law enforcement officers usually get the benefit of the doubt.
“The Supreme Court has kind of made it harder to prosecute police officers, it kind of goes by the reasonable officer standard,” Byrd said. “It kind of gives them some leeway for split-second decision making.”
Prosecutors and police officers work together often.
“Every case that goes to the prosecutors starts with a police officer, so prosecutors have to interview police officers often,” Byrd said. “They’re usually their main witnesses. So, just by the nature of their job, they become somewhat friendly.”
However, North Port Police Chief Todd Garrison says their duty goes above their relationship.
“We’re independent bodies,” North Port Police Department Chief Todd Garrison said. “I think it’s a respectful relationship, but we all understand we have jobs to do.”
Larry Hoffheimer, a former prosecutor with the U.S. Justice Department, says the trial is historic in how police officers and prosecutors didn’t cover for one another the way they usually do.
“The blue wall of silence was certainly broken because so many of his fellow officers including the chief testified against his behavior,” Hoffheimer said.
“Just because one cop does something, it doesn’t mean that everybody who wears a badge agrees or condones that kind of behavior,” Chief Garrison said. “And we here at the City of North Port don’t.”
This verdict may change the future of officer conduct.
“The fear of prosecution and conviction may have some effect on some officers,” Hoffheimer said.
It may have an effect on prosecutors too.
“I think that this will kind of embolden or maybe give prosecutors a little more confidence that they can prosecute law enforcement,” Byrd said.
These men say the power of the video camera goes a long way in convictions. They say we may rely more on video evidence as it helps create transparency and trust.
Hoffheimer says the problems come down to recruitment and weeding out bullys.
“A lot of people like the authority that they have as a police officer who carries a gun and can deprive you of your liberty and life,” Hoffheimer said. “Recruitment is the number one problem; you can’t change prejudice; prejudice is deep-seated.”
