Chauvin lawyer seeks sentence of time served, probation in murder of George Floyd; prosecutors seek 30 years

Derek Chauvin’s attorney is seeking a sentence of time served for the former officer who was convicted in April of murdering George Floyd, court records filed Wednesday show.

Meanwhile, prosecutors have requested a severe sentence for Chauvin for acting with “particular cruelty” in the death of George Floyd. On Wednesday, the state filed a motion asking for a sentence of 30 years.

In a motion filed Wednesday, defense attorney Eric Nelson proposed a “strict probationary sentence” and prison equal to the time Chauvin has already served.

“In light of Mr. Chauvin’s zero criminal history score, his mature age, low risk to re-offend, and the support of his friends and family, Mr. Chauvin is particularly amenable to a mitigated departure and urges this Court to grant his motions and pronounce a probationary sentence with an incarceration period of time served,” Nelson wrote in the motion.

PHOTO: Former Minneapolis police officer Derek Chauvin is pictured in an intake mugshot released by the Minnesota Department of Corrections on April 21, 2021.

If that is declined, alternatively, the defense is asking for a prison sentence shorter than what is recommended by Minnesota sentencing guidelines.

Per state law, Chauvin will be sentenced on second-degree murder because it is the most serious charge. Minnesota sentencing guidelines suggest Chauvin is likely to receive up to 15 years, based on his lack of a prior criminal record.

Chauvin’s sentencing has been scheduled for June 25.

Judge Peter Cahill has previously ruled that there were several “aggravating factors” in the case that would support a sentence above the range recommended by state guidelines.

In their latest motion, prosecutors argued for double the maximum sentence due to those factors, writing that “this Court found that Defendant’s abuse of his position of trust and authority was ‘egregious,’ and that multiple aspects of Defendant’s conduct were ‘particularly cruel.'” They also pointed to the “extreme nature” of Chauvin’s conduct, which was witnessed by four children.

“It is especially serious, for example, when a defendant’s abuse of authority or particular cruelty is witnessed by children, as it was in this case,” the motion stated.

PHOTO: In this April 20, 2021, file image from video, defendant, former Minneapolis police Officer Derek Chauvin, listens to verdicts at his trial for the 2020 death of George Floyd at the Hennepin County Courthouse in Minneapolis.

Prosecutors also argued that a more severe sentence would “properly account for the profound impact of Defendant’s conduct on the victim, the victim’s family, and the community.”

“His actions traumatized Mr. Floyd’s family, the bystanders who watched Mr. Floyd die, and the community. And his conduct shocked the Nation’s conscience,” they wrote. “No sentence can undo the damage Defendant’s actions have inflicted. But the sentence the Court imposes must hold Defendant fully accountable for his reprehensible conduct.”

A jury found Chauvin guilty of second-degree murder, third-degree murder and second-degree manslaughter in April for the death of George Floyd in Minneapolis in May 2020.

Last month, Chauvin’s legal team filed a motion requesting a new trial on multiple grounds, including jury misconduct.

ABC News’ Will Gretsky contributed to this report.

Source: Read Full Article