MINNEAPOLIS (AP) – Prosecutors are seeking a 30-year sentence for the former Minneapolis police officer convicted of murder in the death of George Floyd, but a defense attorney is asking that Derek Chauvin be sentenced to probation and court The service should be given in advance as per the documents of Wednesday.
Chauvin is to be sentenced on June 25 after pleading guilty to manslaughter and manslaughter charges. Judge Peter Cahill had previously ruled that there were serious factors in Floyd’s death. This gives him the discretion to sentence Chauvin above the limit recommended by state guidelines, which tops out at 15 years.
Prosecutors said Chauvin’s actions were serious and that the 30-year sentence would “justifiably account for the profound impact of the defendant’s conduct on the victim, the victim’s family and community.” He said Chauvin’s actions “shocked the conscience of the nation.”
“No sentence can undo the death of Mr. Floyd, and no sentence can undo the trauma that the defendant’s actions have inflicted. But the sentence given by the court must show that any No one is above the law, and no one is below it, ”prosecutors wrote. “The defendant’s sentence must be fully accountable for his reprehensible conduct.”
Defense attorney Eric Nelson cited Chauvin’s age, lack of criminal record, and the support of family and friends in his request for a sentence of probation and time. He said Chauvin, 45, was the product of a “broken” system.
Mark Osler, a former federal prosecutor and now a professor at the University of St. Thomas’ School of Law, said it is not unusual for lawyers to make these types of requests as “opening offers”. He said there is no chance of Chauvin getting the probation, and prosecutors are also unlikely to get the 30 years they are requesting.
He said Nelson’s efforts to portray Chauvin as a good fit for probation and a law-abiding citizen would probably face “brutal pushback from the government”, noting that Chauvin was also taxed. Alleged theft. He said Nelson’s reference to Chauvin being the product of a broken system is “fascinating – most Americans think Chauvin is broken about our criminal justice system.”
Chauvin was convicted in April of second-degree unintentional manslaughter, third-degree manslaughter and second-degree manslaughter for pressing his knee against Floyd’s neck for nearly 9 1/2 minutes because the black man said was that he could not breathe and became immobile. Floyd’s death, captured on widely-viewed video, has set off demonstrations across the United States and beyond as protesters demand changes to policing.
Even though Chauvin was found guilty on three counts, he would only be sentenced in the most serious of cases – second-degree murder. Under Minnesota sentencing guidelines, anyone without a criminal record faces a sentence of 12 1/2 years on that count. Cahill can punish him with a minimum sentence of 10 years, eight months or up to 15 years and stay within the guidelines.
But prosecutors asked what is known as an upward departure, saying there were several aggravating factors that warrant a higher sentence. Cahill agreed, that Chauvin treated Floyd with particular cruelty, abused his position of authority as a police officer, committed his crime as part of a group of three or more people, and that He knocked Floyd down in the presence of the children.
Prosecutors said even one of those factors would warrant a higher sentence.
Nelson wrote that the incident portrayed Chauvin as a “dangerous man”, who had served his community as an officer and had a loving family and close friends. He also disputed the court’s conclusion that aggravating factors were present, saying there was no evidence that Chauvin’s attack on Floyd involved an unnecessary form of pain or cruelty.
“Here, Mr. Chauvin was unaware that he was also committing a crime. Indeed, in his mind, he was performing his legitimate duty in assisting other officers in the arrest of George Floyd,” Nelson wrote, Chauvin’s guilt can be described as an error in good faith based on his experience with the training he received – and it was not the intentional commission of a crime.
“Despite the notoriety of the matter, the court must look into the facts. They all point to one most important fact: Mr Chauvin did not intend to cause George Floyd’s death. He believed he was doing his job,” he wrote.
Regardless of the sentence that Chauvin receives, in Minnesota it is assumed that a defendant with good behavior will serve two-thirds of the sentence in prison and the rest on supervised release, commonly known as parole.
Nelson is also calling for a new trial for Chauvin – a fairly routine request following a conviction. They argued that widespread pre-trial publicity tarnished the jury pool and denied Chauvin the right to a fair trial. He also said that Cahill also abused his authority when he denied defense requests to move the trial from Minneapolis and separate the jury. And, he said the state had committed prosecution misconduct.
Nelson is also seeking a hearing to investigate whether juror misconduct took place. Nelson alleged that an alternative jury that made public comments indicated that she was feeling pressured to deliver a guilty verdict, and that another juror who deliberately did not follow the jury’s instructions and was unclear during jury selection. That juror, Brandon Mitchell, did not mention that he had attended the August 28 march in Washington, D.C. to honor Martin Luther King Jr.
Nelson alleged that Mitchell made comments in the media that indicated that he based his decision on outside influence.
Prosecutors have a week to respond in writing to those arguments.
Chauvin has also been indicted on federal charges alleging that he violated Floyd’s civil rights, as well as the civil rights of a 14-year-old he withheld in his 2017 arrest. Three other former officers involved in Floyd’s death were also charged with federal civil rights violations; They await trial in a state court for aid and abetment.
A federal trial date has not been set. Federal prosecutors are asking for more time to prepare for the trial, saying the case is complicated by the sheer volume of evidence and separate but coordinated state and federal investigations.
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