Minnesota Attorney General Keith Ellison presented the case on Friday for a harsher sentence of 12 1/2 years recommended for former Minneapolis police officer Derek Chauvin, who was convicted of second-degree murder, third-degree murder and second manslaughter. on April 20 at the death of George Floyd.
Hennepin County Judge Peter Cahill will hand down Chauvin’s sentence on June 25th, as he waived his right to be sentenced by a jury.
According to the Minnesota conviction guidelines, Chauvin will be convicted only of the most serious crime, which is a second-degree murder and carries a recommended sentence of 12 1/2 years.
Prosecutors are seeking a “deviation from the sentence upwards” based on “five aggravating factors.”
They claim that Floyd was a “particularly vulnerable victim” because police handcuffed him “hands behind his back and kept him lying down, chest to pavement”.
Eric Nelson, Chauvin’s lawyer, disputed the allegation in a Friday note, arguing that “simply handcuffing” did not make Floyd particularly vulnerable. He also noted that Floyd had initially resisted arrest.
FORMER MINEPO POLICE POLICEMAN DEREK SHOVIN’S DATE OF THE SENTENCE RELEASED ON JUNE 25
The second aggravating factor is that Floyd was treated with “extreme cruelty.”
“Despite repeated requests from Mr Floyd that he could not breathe, and despite repeated requests from bystanders at the scene, the accused pressed his knee into Mr Floyd’s neck and upper back for nine minutes and 29 seconds. “, prosecutors wrote in a statement Friday
Nelson argued that the presence of bystanders “did not support the aggravating factor of extreme cruelty” and disputed prosecutors’ claim that Chauvin did not provide medical care because he called an ambulance.
Prosecutors also allege that Chauvin abused his power as a police officer, committed the crime with three other people and killed Floyd while in the presence of many children.
“The facts, proven beyond a reasonable doubt during the trial, show that five aggravating factors support the upward sentencing,” prosecutors wrote.
Nelson also challenged these factors, noting that the other three employees involved had not been convicted of crimes.
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Chauvin faces a maximum sentence of 40 years in prison for the most serious count of second-degree murder. The recommended sentence for someone convicted of second-degree murder without a criminal record is 12 1/2 years, although the advisory scope is between 10 years and eight months and 15 years.
Minnesota inmates with good behavior became eligible for parole after serving two-thirds of their sentences.
Chauvin is currently being held in a cell for his own safety at Minnesota’s only maximum security prison, Oak Park Heights.
The Associated Press contributed to this report.