Buffalo, N.Y., (WBEN) - The 12 jurors in the trial of former Minneapolis police officer Derek Chauvin are considering three counts as they determine whether he is responsible for the death of George Floyd.
Chauvin is charged with second degree unintentional murder, third degree murder and second degree manslaughter. The jury can convict him on any, all or none of the charges.
SECOND-DEGREE UNINTENTIONAL MURDER
For the highest charge, Second-Degree Unintentional Murder, prosecutors would have to prove that Chauvin caused Floyd's death and that his use of force was unreasonable. "The proof would be that the officer committed an
intentional assault, but an unintentional murder," said Buffalo defense attorney John Elmore. "They would also have to prove that the assault was a substantial factor, but not the only factor in his death."
THIRD DEGREE MURDER
For this charge, Third-Degree Murder, is unintentionally causing someone's death by committing an act with reckless disregard for and conscious indifference to the loss of life.
SECOND DEGREE MANSLAUGHTER
Second-Degree Manslaughter, is culpable negligence." Culpable negligence is intentional conduct that the defendant may not have intended to be harmful, but that an ordinary and reasonably prudent person would recognize
as having a strong probability of causing injury to others," Judge Peter Cahill told jurors on Monday. "Lack of ordinary care," Elmore added, which led to the death of Floyd.
"All three charges go to a state of mind," added Elmore. "Attempt to commit an assault, reckless behavior, and/or, negligence."
ACQUITTAL
Chauvin could be acquitted — meaning all 12 jurors find him not guilty of the charge beyond a reasonable doubt — on one, two, or all of the charges he faces.
CONVICTION
The jury could find Chauvin guilty beyond a reasonable doubt on some or all of the charges.
Each count carries a different maximum sentence.
40 years for second degree unintentional murder.
25 years for third-degree murder.
and 10 years for second degree manslaughter.
Under Minnesota sentencing guidelines, for a person with no criminal history, each murder charges carries a presumptive sentence of 12.5 years in prison, while manslaughter has a presumptive sentence of four years.
Prosecutors are seeking a sentence that goes above guidelines. They have cited several aggravating factors, including that Chauvin was a uniformed officer in a position of authority, and his alleged crime was witnessed by multiple children.
If Chauvin is convicted, it's expected that they will hear arguments about the aggravating factors and will decide whether Chauvin should be sentenced above the guidelines.
The sentence itself will be up to the judge.
HUNG JURY
Another possibility is that all 12 jurors can't agree on a "guilty" or "not guilty" verdict on some or all of the charges. It only takes one juror for this to happen. It's called a hung jury.
