The Minnesota Attorney General filed documents Friday asking Derek Chauvin to receive a harsher prison sentence for the murder of George Floyd, arguing that the former Minneapolis police officer used torturous deadly methods while Floyd pleaded for his life.
Chauvin, who is due to be convicted in June of second-degree murder and other charges, has abused his power as a police officer in public and while Floyd is handcuffed and crying for his mother, Attorney General Keith Ellison said in a legal statement. filed in the District Court of Hennepin County, Minnesota.
“Mr. Floyd was treated with particular cruelty… The accused continued to maintain his position on Mr Floyd, even when Mr Floyd shouted that he was in pain, even when Mr Floyd exclaimed 27 times that he can’t breathe, and even when Mr. Floyd said the defendant’s actions were killing him, Ellison said, adding that Chauvin remained in position while Floyd called for his mother, stopped talking and lost consciousness.
Prosecutors also wrote that Chauvin’s actions “inflicted unpaid pain” and psychological stress not only on Floyd but also on civilian bystanders, who they said would be haunted by the memory of what they saw.
Four of the people in the crowd watching Floyd die are minors, the court said.
“In this way, the accused did not just cause physical pain. It caused psychological stress to Mr Floyd in the last moments of his life, leaving Mr Floyd helpless as he squeezed the last remnants of life out of Mr Floyd’s body, the statement said.
Defender Eric Nelson opposes a harsher sentence, saying the state failed to prove that these aggravating factors existed, among others, when Chauvin arrested Floyd on May 25.
Nelson added that Floyd was not treated with extreme cruelty, saying there was no evidence that the attack by Chauvin involved unpaid pain, which is not usually associated with a second-degree murder.
“Mr Floyd’s attack took place within a very short time, did not involve threats or ridicule, such as putting a gun to his head and pulling the trigger … and ended when EMS finally responded to officers’ calls.” , writes Nelson.
Chauvin, who is white, was convicted last week of second-degree manslaughter, third-degree murder and manslaughter for 91/2 minutes as he pressed his knee to Floyd’s neck because Black said he couldn’t breathe and left. motionless.
Although he was found guilty of three counts, according to the Minnesota statute, he will be convicted only of the most serious – second-degree murder. While this census carries a maximum sentence of 40 years, experts say he will not receive that much.
Prosecutors did not specify how long they would look for Chauvin.
According to the Minnesota sentencing guidelines, the presumed sentence for second-degree manslaughter for a person without a criminal record like Chauvin will be 12 and a half years. Judges can sentence someone to less than 10 years and eight months or up to 15 years and still be within the advisory guidelines. To go beyond that, Judge Peter Cahill will have to find that there are “aggravating factors” and even if those are found, legal experts say Chauvin is unlikely to face more than 30 years.
Prosecutors said on Friday that a greater deviation from the sentencing guidelines was needed, as there were many aggravating factors in the case.
Contribution: Associated Press
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