Former Minneapolis police officer Derek Chauvin is scheduled to be sentenced Friday for the murder of George Floyd and while his attorneys have argued for probation, prosecutors are seeking up to 30 years in prison.
Legal experts think the final judgment will fall somewhere in between.
“It’s hard to say what the judge will do, but if I had to put money on a single outcome, I would think he wouldn’t go above 25 years,” said Richard Frase, a professor at the University of Minnesota Law School.
Frase bases his estimate on a number of factors: the high visibility of the case, the strong case presented by the prosecution and the likelihood of losing on appeal if the sentence is too harsh.
Mark Osler, a professor at the University of St. Thomas School of Law, agrees.
“If you were to have a bell curve of possible outcomes, probably the height of that bell curve would be between 15 to 25 years,” he said.
CONVICTED IN THE MURDER OF GEORGE FLOYD
On April 20, Chauvin was convicted of killing Floyd. A jury found Chauvin guilty of second-degree murder, third-degree murder and second-degree manslaughter. Floyd died on May 25, 2020, while in policy custody.
The arrest was caught on video, with images of Chauvin kneeling on Floyd’s back and neck for over nine minutes until Floyd stopped breathing. Video of the incident — including Floyd gasping for breath and begging for his life — went viral and sparked violent protests around the globe, rekindling a passionate debate on the issues of race and policing.
The trial brought massive media coverage to Minneapolis and the landmark verdict drew reaction from across the nation.
On Friday, Chauvin will be sentenced either to prison or probation for the most grievous charge of second-degree murder.
WHAT THE PROSECUTION WANTS
If the prosecution gets its way, the judge will give Chauvin at least 30 years in prison.
State sentencing guidelines recommend 12½ years in prison for a conviction on unintentional second-degree murder for someone with no criminal history, such as Chauvin. However, the prosecuting attorneys presented a list of aggravating factors that they say justifies Chauvin getting more time.
Those factors include:
- Floyd was a vulnerable victim and treated with particular cruelty.
- Chauvin abused his position of authority.
- Chauvin committed the crime with three or more others and in front of children.
- Floyd was placed in a vulnerable position and Chauvin acted against his training to prevent asphyxia.
- Chauvin failed to render medical aid despite signs Floyd was in medical distress.
Frase said these factors will most likely influence the sentencing, noting that Hennepin County District Judge Peter Cahill has mentioned them himself.
“Judge Cahill has already made the finding that several aggravating factors exist,” Frase said. “So, it seems likely that the judge is inclined to depart upward as to the duration of the prison sentence.”
A sentence of up to 40 years would be possible given the aggravated factors.
WHAT THE DEFENSE WANTS
But Chauvin’s attorneys contest those factors and point to his record and his cooperation during the trial. They say Chauvin didn’t mean to kill Floyd and they are asking for probation.
Defense attorney Eric Nelson said in a memorandum that Floyd being handcuffed did not make him “particularly vulnerable,” pointing out that Floyd was over 6 feet tall, weighed more than 200 pounds and he was resisting arrest.
“I think there’s a zero chance of that,” Osler said of a prison-free sentence.
Frase also thinks it’s unlikely Chauvin will avoid jail time.
“The defense has seemingly put all of their eggs in the probation basket,” Frase said. “I don’t think they can win on all of the aggravating factors.”
AN APPEAL IS LIKELY
If the judge sentences Chauvin to prison time, the defense is expected to appeal. They’ve already indicated a number of issues they want to challenge, such as the judge’s refusal to move the trial out of Minneapolis, not allowing them to call a drug dealer to the stand and objections to the way some of the jury instructions were written.
“I don’t think they’re going to win on any of the liability issues on appeal,” Frase said. “But I’m virtually certain that they will appeal.”
The other three officers at the scene of Floyd’s death — J. Alexander Kueng, Thomas Lane and Tou Thao — are set to go to trial together in March. All three are charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter. Their trial will be televised.
All four officers also face federal civil rights charges in the death of Floyd.
Source: Orange County Register
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