By: Lawrence Richard
https://www.washingtonexaminer.com/author/lawrence-richard
State prosecutors are seeking a tougher sentence for former Minneapolis police officer Derek Chauvin after a jury found him guilty of murdering George Floyd, new court documents show.
>>“The State respectfully requests an aggravated sentence for Defendant Derek Chauvin,” the court filing reads.
The former officer was convicted last month of second-degree unintentional murder, which could result in up to 40 years in prison, as well as third-degree murder and second-degree manslaughter. However, Minnesota law only allows for him to be sentenced for the most serious crime of which he was found guilty: second-degree murder.
>>Legal experts have commented that they do not think Chauvin will be given the full 40-year sentence, as someone charged with unintentional murder with no previous criminal record, such as Chauvin, would typically receive 12.5 years in prison.
Minnesota sentencing guidelines advise a judge to sentence someone convicted of unintentional murder between 10 years and eight months to 15 years. Exceeding this advisory limit would require Judge Peter Cahill to determine there were “aggravating factors” found in the case.
>>Prosecutors, led by Minnesota Attorney General Keith Ellison, are claiming such factors exist in the case to qualify a tougher sentence.
In the new court filing, Ellison claimed Floyd was a “particularly vulnerable victim” at the time of his death and said he was “treated with particular cruelty” by Chauvin, who knelt on Floyd’s neck for more than nine minutes.
>>“Defendant continued to kneel on Mr. Floyd’s neck and upper back even after Mr. Floyd said he could not breathe 27 times, for almost four minutes after he became nonresponsive, and for approximately three minutes after officers knew that he had no pulse,” prosecutors wrote.
https://www.washingtonexaminer.com/news/prosecutors-tougher-sentence-derek-chauvin-particular-cruelty-floyd-vulnerable-victim