A motion has been filed by former Minneapolis Police officer Derek Chauvin’s attorney seeking a lesser sentence for the murder of George Floyd.
Chauvin was found guilty of second-degree murder, third-degree murder, and second-degree manslaughter during his trial in April of this year.
Judge Peter Cahil has scheduled Chauvin’s sentencing hearing for June 25. It has already been discussed that Chauvin might see a sentence longer than state guidelines recommended when Cahill indicated that he would consider aggravating factors while sentencing.
Cahill, on May 12, issued a finding of fact decision listing four reasons that support potentially giving a more substantial penalty than the 12.5-year sentence that someone convicted of second-degree murder with no criminal history would usually receive.
- Defendant abused a position of trust and authority: Cahill described how Chauvin, in full uniform and on duty, restrained Floyd and caused his death by using unreasonable force while holding a position of trust and respect with the community.
- Defendant treated George Floyd with particular cruelty: Cahill noted how Chauvin prevented Floyd's ability to breathe, even though he was begging for his life.
- Children were present during the commission of the offense: Cahill ruled that Chauvin caused Floyd's death in front of four juveniles between the ages of nine and 17, who saw him and other police officers restrain Floyd and cause him to die of asphyxiation while he begged for his life.
- Defendant committed the crime as a group with the active participation of at least three other persons: The judge noted that former officers Thomas Lane and J. Alexander Kueng were actively involved with Chauvin in restraining Floyd, and former officer Tou Thao actively kept bystanders from rendering aid. Cahill noted that the participation of the three other officers includes no finding of criminal liability on their part.
On Tuesday, attorney Eric Nelson filed a motion requesting “a strict probationary sentence, along with a period of incarceration equal to the time he has already served. In the alternative, Mr. Chauvin respectfully requests that the Court grant him a downward durational departure."
In his motion, Nelson used numerous factors as to why his client shouldn’t receive a stricter sentence, including Chauvin’s lack of a previous criminal record, Chauvin’s preliminary diagnosis of heart damage, and the average shorter life expectancy for police officers.
Nelson even cited that his client’s actions during the trial, stating he had a “respectful” attitude in court and cooperated through the entirety of the trial “in the face of unparalleled public scorn and scrutiny.”
The motion goes on to claim that the aggravating factors for a more significant sentence are “unwarranted.”
This is not the first motion that Nelson has made, as he has a motion pending requesting that the guilty verdict be thrown out and asking for a new trial for Chauvin.
With sentencing coming up, Chauvin is also facing federal charges in Floyd’s death, alongside the three other former MPD officers charged in the case.
Tou Thao, J. Alexander Kueng, and Thomas Lane face separate criminal charges of aiding and abetting. While their criminal trial was supposed to happen in August of 2021, it was postponed until March 2022. This will allow for the federal case to be completed first.
