Minnesota AG asks the judge to issue a severe sentence to Derek Chauvin in the murder of George Floyd
Derek Chauvin’s conviction is in weeks, and the Minnesota Attorney General is among those seeking an aggressive punishment for the former cop.
Chauvin was convicted two weeks ago of the murder of George Floyd in May 2020, found guilty of second degree murder, third degree murder and second degree manslaughter.
Chauvin pressed his knee against Floyd’s neck for nine and a half minutes when Floyd complained of breathing problems and eventually became motionless.
In the paperwork filed in court on Friday, Attorney General Keith Ellison asked for an “ aggravated sentence ” on behalf of the state, citing several factors in the memorandum.
Those factors include Floyd’s vulnerable position on the ground, that he was treated with “special cruelty,” Chauvin’s abuse of power, the presence of at least four children, and that Chauvin “committed the crime as part of a group of three or more people. all of whom actively participated in the crime. ‘
Minnesota AG Keith Ellison is seeking an “aggravated punishment” for Derek Chauvin
Derek Chauvin was convicted of George Floyd’s death nearly two weeks ago
Chauvin was convicted of second-degree murder, third-degree murder, and second-degree manslaughter, although he will only be convicted on the most serious charge
Regarding the “ particular cruelty, ” Ellison argues that Chauvin “ continued to maintain his position over Mr. Floyd even when Mr. Floyd cried out that he was in pain, even as Mr. Floyd cried out 27 times that he couldn’t breathe, and even when Mr. Floyd said the defendant’s actions killed him. ‘
In the memorandum, Ellison notes that only one aggravating factor needs to be proven to justify aggravating punishment.
“The State requests the Court respectfully to recognize the facts necessary to support the existence of all five aggravating factors and to establish those facts,” the memorandum concludes.
George Floyd was killed when Chauvin pressed his knee to Floyd’s neck for more than nine minutes
Chauvin could face up to 40 years in prison, although he will likely be sentenced to less than half based on Minnesota criminal guidelines
‘On the basis of these aggravating factors, the State respectfully asks for departure upstairs in this case.
Prosecutors have not specified how long they want Chauvin’s sentence to last.
USA Today reports that attorney Eric Nelson is opposed to a more severe sentence for Chauvin, claiming the state has not proven the aggravating factors.
“ Mr. Floyd’s attack took place over a very short period of time, without threat or mockery, such as putting a gun to his head and pulling the trigger … and ended when EMS finally responded to agents’ calls, ” Nelson said.
Under Minnesota law, Chauvin will only be convicted of second-degree murder, the most serious charge.
He could be sentenced to 40 years in prison, but based on his pure track record, he is more likely to be sentenced to 10-15 years under Minnesota guidelines unless aggravating factors can be proven.
Pictured: Derek Chauvin during the incident that ended George Floyd’s life
The other agents involved in Floyd’s death will be on trial in August
Just last week, Ellison said 60 minutes host Scott Pelley’s first reaction after hearing the guilty verdict was ‘gratitude, humility’ followed by sympathy for Chauvin.
“I’ll admit I felt a little bad for the defendant,” Ellison told the CBS current affairs program. “I think he deserved to be convicted. But he is human. ‘
During that interview, Ellison also suggested that he didn’t want a particularly harsh punishment for Chauvin.
‘I think it is important that the court is not easy or difficult. I don’t know if it’s correct for a judge to send a message through a sentence, because the sentence should be tailored to the offense, according to the circumstances of the case, ”Ellison told 60 Minutes.
Ellison previously stated that he “felt a little bit bad for the suspect” after Chauvin’s conviction
Ellison also said last week The Star Tribune that there was not much celebration after Chauvin’s conviction.
“It’s sad, very sad,” said Ellison. “One man is dead and another man is in prison for a long time.”
Chauvin is currently in Oak Park Heights prison – Minnesota’s only maximum security facility – and will be sentenced on June 16.
Prosecutors will return to court in August and are seeking convictions against three other officers involved in Floyd’s fatal arrest: J. Alexander Kueng, Thomas Lane and Tou Thao.