Billionaire business executive Elon Musk has publicly demanded the release of Derek Chauvin, the former Minneapolis police officer serving prison time for the murder of George Floyd, as Chauvin’s defense team launches a new effort to toss out his conviction.
Writing Wednesday on X, Musk claimed that the former officer was improperly convicted.
”Derek Chauvin was unjustly convicted of murder, therefore he should be freed,” Musk wrote on X on Wednesday. “The facts show that he was not the cause of death, nor did he at any time intend for a death to occur. Whatever else he may be, he is not a murderer. That is the truth,” the billionaire Tesla CEO added.
Responding to comments on his post, Musk also called the imprisonment of the three other officers present at the scene “extremely unfair.”
The statement marks a change in view for Musk. Following Floyd’s death in May 2020, Musk posted on X that it was “definitely not right that the other officers were charged with nothing. What message does this send in general to officers who stand by while another does wrong? #JusticeForGeorge.”
Musk’s comments coincide with a new legal motion submitted by Chauvin’s lawyers. On Tuesday, his legal team petitioned the Minnesota Court of Appeals to pause his ongoing appeal. The defense wants the matter sent back to the local trial court to argue that original state charges were brought against him unlawfully.
The motion marks Chauvin’s third attempt to have his charges dismissed. Previous petitions seeking to vacate the conviction were turned down.
In the latest legal filing, Chauvin’s attorneys claim several due process rights were violated during initial proceedings. The filing challenges Minnesota Governor Tim Walz’s decision to hand the case over to Minnesota Attorney General Keith Ellison, calling it an “unlawful assignment of authority.”
Defense lawyers also cited the Hennepin County District Court’s failure to convene a grand jury and the prosecution’s failure to secure an indictment before bringing charges.
“As a result of these several due process violations, including the failure to present the matter to a grand jury for a probable cause determination or even to convene one, both this Court and the District Court lack jurisdiction over the charges in the Amended Complaint on which he is currently incarcerated, and it must be dismissed immediately,” Chauvin’s legal team wrote.
Background of the Case
Floyd, a 46-year-old Black man, died after Chauvin pinned him to the pavement using a knee on Floyd’s neck for 9 1/2 minutes while Floyd repeatedly said he could not breathe.
Chauvin is currently serving two concurrent sentences: a 22 1/2-year state sentence for second-degree murder and a 21-year federal sentence for violating Floyd’s civil rights.
Three other officers involved in the arrest—Thomas Lane, Alexander Kueng, and Tou Thao—later received shorter prison sentences for their roles. Lane held down Floyd’s legs, Kueng knelt on his back, and Thao blocked onlookers from stepping in.
Chauvin previously asked higher courts to review his case. Both the Minnesota Supreme Court and the U.S. Supreme Court declined to hear his appeal in 2023.
