>>

. >> the state may call the next witness.

[swearing in witness] >> we would appreciate it if you word remove your mask. we will test out the microphone and how it works with you. please state your full name. >> charles mcmillan. >> good afternoon. >> good afternoon.

how are you doing today. >> okay. >> thank you for being here i will start with questions about your background and then we will move on from there. tell the jury how old you are. [inaudible] >> how far did you go? >> what city do you live in scenic hennepin county. >> are you minneapolis? >> yes ma'am. >> i will ask you some questions about memorial day mah of last year. do you live in an area close to cup foods? >> yes i do. >> that evening may 25th were you driving by that area? >> yes i was.

what kind of card you drive? >> 2006 dodge caravan, blue. eldridge: is that a fan? >> yes ma'am when you are in the area of 38 and chicago did something draw your attention? >> yes it did. eldridge: what did you see? >> i was at the red light going south at the time i was going to go east on 38 to my left and when i got there to make a left turn, i see action with the cops with the man and the police officers. eldridge: i will show you a map. put up exhibit one. you are talking about where you were.

using the map on the screen. show the jury where you are headed. >> i can't see. i turned the corner 38 and chicago and then to go east toward 47th. >> you just made a mark at the intersection there. eldridge: when you are headed on 38, you said you saw interaction. what did you see at that point? >> when i made the left, i saw a blue mercedes-benz track on

the right side with the police officer at the door. so i made a right turn and pullover. eldridge: what made you stop and pullover? >> being nosy. being nosy. i'm in the neighborhood. i might know the person. eldridge: you wanted to know what was going on. [laughter] eldridge: when you first approached and he saw the officer standing next to the blue mercedes truck with the door open did you see what the officer was doing at that point? >> no. not at the time. eldridge: you decided you wanted you pullover. >> get out. eldridge: did you drive down a little bit and then park? >> i parked and got out. eldridge: when you got out

what did you do? >> i walked and went to the other side of the street. eldridge: is that the cup foods side of the street? >> okay. >> i wanted to watch. eldridge: what did you see from the cup foods? >> having him get out of his truck and then they walked over to the sidewalk where they walked behind mr. floyd's truck. eldridge: i will stop you there. you said you saw the officers getting mr. floyd out of the truck. >> yes ma'am. eldridge: did you know who he was at the time? >> no ma'am. eldridge: did you later learn it was george floyd? >> yes ma'am. eldridge: how many officers at that time interacting with

mr. floyd? >> i to say one at the time but then another walked over to help him. eldridge: tell the jury about that. what did you see the first officer do? start from that point. >> i saw they were asking mr. floyd to get out. from that point on another walked up. he walked up i don't know what it was. and then handcuffed and walked him down. eldridge: use i officer interacting on the drivers side. >> yes ma'am. eldridge: then there was another officer on the passenger side initially of the blue mercedes truck. >> yes ma'am.

eldridge: you are describing eventually that officer on the passenger side came over to assist on the driver side. >> yes ma'am. eldridge: you said the third officer got mr. floyd handcuffed. did you see that happened? >> no i didn't. i do not recall. eldridge: what did you see when you are standing on the cup foods side of the street? right next to the suv? >> after that i seen, i was looking away, but then a term back and looked i saw mr. floyd handcuffed and then they start to walking down the sidewalk. eldridge: you didn't see the very moment he was handcuffed but you saw the handcuffs. >> yes ma'am. eldridge: you were looking around you but not focus the entire time on what the exact moment of handcuffs. >> no. eldridge: so he was handcuffed and then you say they want him across the street katie show

on the map what you saw happen next? >> on the right-hand side. >> there is a little small restaurant on the right-hand side behind the truck looking for that. i cannot see it. eldridge: the dragon wok restaurant? is that the officer. >> and said he was in

handcuffs. >> he was walking up the sidewalk with them. >> he said something but whatever he said they let him sat down. eldridge: did you watch the interaction? >> yes ma'am. eldridge: we are you? >> i was still standing there. eldridge: you're in the cup foods side days set him down can you hear what is going on with the conversation? >> no ma'am. eldridge: that you are watching what was going on. >> yes ma'am.

eldridge: did they move again after that? >> yes ma'am. they had him off the sidewalk. eldridge: after he got up off the sidewalk where did they go? >> they went north across the street at the red light going north through the red light. eldridge: they head toward cup foods at that point? >> yes ma'am. where were you? >> i just went down the sidewalk down by the stop light. eldridge: we will show you pictures and video of the day prior to testimony did you see

pictures from when we met before? >> i'm going to put up for you but not for the jury exhibit 38. eldridge: do you see that? do you recognize yourself in that picture? is that what you look like may ? >> yes. >> exhibit 38. we will publish that. that is what you are wearing and what you look like i'm a 25. >> yes. eldridge: looks like you're walking down the sidewalk and getting closer at that point.

after you see the officers walked mr. floyd to cup foods and you are getting closer what do you see then? >> i was standing there and then they went to the car with him. eldridge: what kari referring to? >> the squad car. eldridge: they were taking mr. floyd to the squad car at that point? >> was he handcuffed? >> yes ma'am. eldridge: was he walking with the officers? >> yes ma'am. eldridge: were the two officers at that point? >> yes. eldridge: did you know either officer? >> no. eldridge: did you continue to observe after they got to that point? >> yes i did.

eldridge: what did you see then? >> observing him getting into the car. and paying attention like i always was. eldridge: was mr. floyd saying anything at that point in time? >> yes he was. eldridge: we are engaging in a conversation with mr. floyd as well? >> yes i was. eldridge: tell the jury what was going on in that moment. >> at the time i was engage with mr. floyd the officers were trying to get into the car and saying just comply with them. get on the floor. you can't win. something of that nature. eldridge: so any those moments

in time did you see mr. floyd fighting or being violent the officers from the moment he sat down or walked across the street? >> no. eldridge: and then you talk about them trying to get him into the car. do we previously show you your position what you are watching as well as what one of the officers by the cameras is going on at that moment? did you see that on a previous date? >> yes. eldridge: did that show accurately in fairly what you saw as well as what you heard and what's going on with respect to mr. floyd at the squad car?

>> and one had a view from the officers combined with the surveillance camera. and that is what we have marked as incident on —-dash exhibit 39. and that video shows what you are doing and what you saw and heard. >> yes. thirty-nine. we will publish that no. eldridge: we will play the top screen shows where you are standing next to the squad

car. >> yes. eldridge: point yourself out. and then on the other video that is embedded that shows the officer of mr. floyd at the car? is that right? >> i don't want to do that to them. >> going in. >> 18 oh seven and what happened that far are you having a conversation with mr. floyd at that point? what's going on in a conversation.

>> telling him to get in the backseat of the police car i'm trying to get him to understand is no mistake and that you will go with them it's time to go. eldridge: you are saying you can't win. why were you saying that? >> because i have had interactions with officers myself and i understand your done. you can't win. eldridge: you are trying to help him. >> to understand the situation. eldridge: trying to make the situation and easier. eldridge: there was i'm claustrophobic. we having a conversation with mr. floyd at that time? >> yes ma'am.

eldridge: do you feel he was hearing you in understanding what you are saying? >> yes ma'am. eldridge: you're just trying to make it easier and help. >> yes ma'am. >> did other officers arrived? >>. >> did you know any officers who arrived? >> yes ma'am. it was mr. chauvin. you made a mark with the arrow pointing to mr. chauvin how did you know him? >> five days prior to this happening i pulled up on a squad car and a some mr. chauvin i told him at the end of the day the person to

go home is safe. eldridge: you met him in the community a few days prior? >> i saw him in the community prior to that day. eldridge: you saw him five days prior and had a conversation with him that you had known him in the community before that as well? >> i have seen him in the community. eldridge: i will try to slow down. eldridge: we will let the video play. >> don't try to win. be on the ground. you know it. get in the car.

>> and claustrophobic. i'm claustrophobic. >> know you're not getting in the car. >> get in the car. >> get in the car. >> i'm not going to die. please please. please. please. i can't. i can't breathe. i can't breathe. please. >> get in the car.

>> you can have a heart attack. >> get in the car. >> i can't do it. please. please. >> you are under arrest right no for forgery. i can't breeze. >> come on out. >> on the ground. >> i can't breathe. i can't breathe. >> start moving.

>>. eldridge: do you need a minute?

>> i'm not sure if there is water as well as you need a break let me know. >> may i approach or honor? thank you. eldridge: are you okay?

>> yes. eldridge: i know this is difficult can you explain what you are feeling in this moment? >> i feel helpless. my mom died june 25th. eldridge. >> let's take a ten minute break.