UK police officer who sent ‘grossly offensive’ George Floyd meme cleared of criminal offence

A police officer who sent a “grossly offensive” meme related to the killing of George Floyd last year to a WhatsApp group of colleagues has been acquitted of a criminal charge.

Sergeant Geraint Jones admitted to sharing the image with the group on 30 May 2020, five days after Mr Floyd’s death, but claimed he did not mean to cause offence.

The meme, which the officer forwarded to a group of eight others, including six serving police officers, showed Mr Floyd’s arrest in Minneapolis, with an image of a naked man superimposed over former officer Derek Chauvin.

Two members of the group replied with laughing emojis but one member complained about the image, causing the incident to be referred to Devon and Cornwall Police’s professional standards department.

The 47-year-old officer, who has served with the police for 23 years, deleted the meme and apologised for sending it.

He was later charged with sending a grossly offensive image, contrary to the Communications Act 2003, following an investigation by the Independent Office for Police Conduct (IOPC).

District Judge Jo Matson acquitted Sgt Jones of the charge during a hearing at Plymouth Magistrates’ Court on Wednesday.

She argued that while the majority of people would find the image “disgusting and grossly offensive”, she did not believe the evidence presented was enough to justify a conviction.

“I find that the prosecution have not proved beyond reasonable doubt the mental element required for a conviction for this offence,” Ms Matson said.

“They have not made me sure it was not intended as a joke by Mr Jones.”

She added: “I accept that Mr Jones was not aware of, or recognised, the risk at the time, that the image was liable to cause gross offence to those to whom it relates, and I accept he was not aware of, or recognised, the risk that it may create fear or apprehension in any reasonable member of the public who were to read or see it.

“I therefore find Mr Jones not guilty of this offence and dismiss the charge against him.”

However, despite the verdict, Devon and Cornwall Police said Sgt Jones remained subject to an “internal disciplinary process”.

“Sgt Jones currently remains suspended while this process remains ongoing,” Temporary Assistant Chief Constable Steve Parker said.

“Devon and Cornwall Police values equality and diversity enormously and we have an expectation of all of our staff to not only mirror this but act as advocates in our communities to support this ethos.”

The naked man featured in the image, Wardy Joubert III, became the subject of an internet meme in 2012 that also resurfaced last year.

Giving evidence during his trial, Sgt Jones said it “never even entered my mind” that the image might cause gross offence to anyone.

“Maybe I was after a cheap laugh or trying to raise a smile. I didn’t think about it deeply and I didn’t look at the image in detail,” he told the court.

The judge described Sgt Jones as a “very honest and open witness” during the case and found he had “clear regret” over his actions.

The court also heard how the officer forwarded other memes featuring Mr Joubert in other scenarios, such as those with former US president Donald Trump and the late Captain Sir Tom Moore.

Catrin Evans, a regional director for the IOPC, said its investigation had found that the officer had a case to answer for gross misconduct and it would be up to Devon and Cornwall Police to decide if there should be a disciplinary sanction against Sgt Jones.

“Criminal and disciplinary proceedings serve two different purposes,” Ms Evans said.

“One is to determine whether someone has broken the law, and the other to determine whether an officer has breached police standards of professional behaviour.

“It will be for the police disciplinary process to determine whether the case against Sergeant Jones is proven and, if so, what the appropriate sanction is.”

Additional reporting by PA