George Floyd’s Killer Asks Court for Probation As He Faces 30 Year Sentence
Do the crime, do the time.
Prosecutors have asked a judge to sentence Derek Chauvin, the former Minneapolis police officer convicted in the murder of George Floyd, to 30 years in prison.
Judge Peter Cahill said in a six-page opinion last month that prosecutors had proven that Chauvin had abused his position of trust and authority, treated Floyd with particular cruelty, acted in concert with at least three other people and committed his crime in the presence of children. In a sentencing brief filed Wednesday, prosecutors cited the trial judge’s ruling, which paved the way for Cahill to sentence Chauvin to more than 15 years in prison, the longest punishment for second-degree murder under state sentencing guidelines.
Cahill agreed with all but one of the aggravating factors prosecutors cited when they asked for what is known as an upward departure. Prosecutors wrote in the brief that at Chauvin’s sentencing June 25th, “the Court should take the next step and hold that each of these aggravating factors” is grounds for imposing a sentence two times the upper end of the presumptive sentencing range.
George Floyd said, "I can't breathe" twenty-seven times before Derek Chauvin was finished executing him.
TWENTY. SEVEN. TIMES.
And now Chauvin wants probation because of what a long jail sentence will do to his life prospects??
Oh please. Lock him up & throw away the key!
— Jake Lobin (@JakeLobin) June 2, 2021
But Chauvin’s defense team is seeking probation instead of incarceration. His attorney, Eric Nelson, asked in a separate brief filed Wednesday for a downward departure from sentencing guidelines or a sentence of probation with time served. “Mr. Chauvin asks the Court to look beyond its findings, to his background, his lack of criminal history, his amenability to probation, to the unusual facts of this case, and to his being a product of a ‘broken’ system,” Nelson wrote.
Before killing George Floyd, Derek Chauvin evaded accountability for at least 17 complaints, thanks to the egregious protections in his police union contract.
Let’s get one thing straight: This is not what unions were created to do. pic.twitter.com/LWmFycxpeZ
— Robert Reich (@RBReich) June 2, 2021
Nelson argued in the sentencing brief that, among other things, Chauvin obeyed all court orders after he posted bond and was released from jail before trial. Nelson also claimed that Chauvin “has been preliminarily diagnosed with heart damage” and that he might die at a younger age, like many ex-law enforcement officers.
We have filed our sentencing brief in the Derek Chauvin case, available here https://t.co/j2KVAfRtY2
The defendant’s sentencing brief is available here https://t.co/wZGaVXNJn1
— Neal Katyal (@neal_katyal) June 2, 2021
Legal experts have said Chauvin is unlikely to get more than 30 years. The other officers charged in connection with George Floyd’s murder, J. Alexander Kueng, Thomas Lane, and Tou Thao, were indicted on federal charges of violating Floyd’s civil rights and will stand trial next March.