Prosecutors are asking for 30 years in prison after the judge ruled that aggravating circumstances allow for a harsher sentence.
A lawyer for former Minneapolis police officer Derek Chauvin has asked for a probation judge or a prison sentence below the guidelines when he convicted his client, who was convicted in April of murder and murder at the hands of the assassination of George Floyd.
In a motion filed Wednesday with Hennepin County District Judge Peter Cahill, lawyer Eric Nelson said Chauvin’s actions to fix Floyd to the pavement during an arrest in May last year were “best described as a mistake made in good faith” based on his training.
“Mr. Chauvin asks the Court to analyze beyond its conclusions, its background, its lack of criminal record, its capacity for provisional release, the unusual facts of this case and being the product of a system ” broken, ”Nelson wrote.
The lawyer asked the judge for a so-called dispositional release that would result in parole or a permanent leave of absence, which he said would lead to a less stringent sentence than the 128 to 180 months suggested by state guidelines.
A Minneapolis jury found Guuvin, 45, guilty of homicide and second- and third-degree homicide on April 20 after hearing three weeks of testimony in a widespread trial. He is scheduled to be convicted on June 25.
Floyd’s death on May 25, 2020, after being handcuffed on a Minneapolis street with Chauvin’s knee to his neck for more than nine minutes, sparked massive protests against racism and police brutality across the United States and in other countries.
Last month, Cahill found that prosecutors had shown there were four aggravating factors in Floyd’s death, 46.
The judge said Chauvin abused his position of trust and authority and treated Floyd with particular cruelty. He committed the crime as part of a group with three other officers and did so with children present, Cahill also ruled.
In his own presentation, fiscal argued that Chauvin acted cruelly, among other aggravating factors, and that he therefore deserved twice the maximum sentence, or 30 years in prison.
In Wednesday’s motion, Nelson said the fact that local agents made an ambulance “served to mitigate any cruelty” in Floyd’s treatment. Chauvin, he noted, remained on the scene until medical attention arrived.
“Mr. Chauvin has established that he is particularly susceptible to provisional release and that he is the main candidate for a rigorous probation sentence plus full time, ”Nelson wrote.
Nelson has requested it as well a new trial by Chauvin, citing the highly publicizing nature of court proceedings, among other factors.
The US Department of Justice has also charged Chauvin, along with three other officers, Thomas Lane, Tou Thao and J Alexander Kueng, with the violation of Floyd’s civil rights during the deadly detention.
The move has been seen as a sign of the administration’s priorities US President Joe Biden, who promised to confront racism during the campaign.
The defenders accepted Chauvin ‘s conviction as starting point for meaningful police reform.
Members of Floyd’s family, some of whom met with Biden on the one-year anniversary of Floyd’s May 25 assassination, have had urged U.S. lawmakers pass police reform legislation that has been stalled by political disputes.