Judge Peter Cahill ruled Wednesday that there were four factors in George Floyd’s killing; this allows Cahill to sentence Derek Chauvin to a longer prison sentence.
What We Know:
- Last month, a jury convicted Chauvin of two murder counts and one manslaughter count. CNN reports Chauvin could face approximately 40 years in prison for second-degree murder, 25 for third-degree murder, and 10 for manslaughter. Since the former Minneapolis policeman has no prior criminal record, Minnesota’s guidelines recommend around 12 and a half years for each murder charge and about 4 for his manslaughter sentence.
- State prosecutors requested a tougher sentence for Chauvin. The attorneys cited five aggravating factors in their petition. These include Chauvin abusing “a position of trust and authority,” treating Floyd with particular cruelty, having children present during the incident, committing the crime with the “active participation of at least three other people,” and Floyd being “particularly vulnerable.” Chauvin waived his right for the jury to decide aggravating factors; instead, he asked Cahill to do so.
- Cahill agreed with the first four statements but disagreed on Floyd’s vulnerability, as Floyd initially resisted arrest and was in handcuffs during the offense. The judge stated Chauvin’s actions were “an egregious abuse of authority” because “the prolonged maneuver was employed” after Floyd was restrained. Also, Chauvin continued holding Floyd down for more than four and a half minutes after Floyd became unresponsive. Chauvin acted cruelly when Floyd begged for his life and the officer “remained indifferent,” he included. Furthermore, Cahill mentioned four children, the youngest who was nine, witnessed the heinous offense. Finally, the official reminded the public in his writing that former Officers Tou Thao, Thomas Lane, and Alexander Kueng also partook in the incident. However, the judge did not provide a finding as to their intent or knowledge.
- According to CBS News, prosecutors will make a formal recommendation on the amount of time they request in the upcoming weeks. In addition, Cahill will consider the defense team’s recommendations, as well as the Department of Corrections’ pre-sentencing investigation report.
- After making his decision, Cahill will hand down sentencing to Chauvin during the June 25 hearing. Chauvin is currently being held at the Minnesota Correctional Facility-Oak Park Heights. After receiving his punishment, Chauvin will likely serve his sentences at the same time, not consecutively. Despite his conviction and Cahill’s unwavering decisions throughout the case, Chauvin is seeking a new trial.
In addition, Chauvin faces other legal issues. Recently, a federal grand jury indicted Chauvin, Thao, Lane, and Kueng connected with Floyd’s murder. The jury believes the policemen violated the victim’s constitutional rights. However, it is unclear if they will face a federal trial.
