Chauvin Faces Tougher Sentence After Judge Finds Aggravating Circumstances in Floyd's Death

Chauvin Faces Tougher Sentence After Judge Finds Aggravating Circumstances in Floyd's Death

Chauvin Faces Tougher Sentence After Judge Finds Aggravating Circumstances in Floyd's Death

Hennepin County Judge Peter Cahill said in a ruling signed on Tuesday that the court had pinpointed multiple facts that support an aggravated durational departure, which means the eventual sentence can go beyond the usual guideline range.

In late April, Derek Chauvin - a former Minnesota policeman - was found guilty of killing George Floyd in May past year.

Cahill will announce the sentence he decides on June 25.

A judge postponed the trial of three former Minneapolis policemen accused of taking part in the murder of George Floyd to March 2022 after they said that prosecutors leaked prejudicial information about the case, according to media reports. Statutes in Minnesota, per the Associated Press, require that Chauvin be sentenced on only the most serious of the charges, with state guidelines showing he could have been sentenced to up to 15 years.

Chauvin was convicted in April on murder and manslaughter charges for the May 25, 2020 death of Floyd.

Cahill also sided with the prosecution in agreeing that Chauvin treated Floyd "with particular cruelty", that children were present during the time Chauvin was kneeling on Floyd's neck and back, and that Chauvin committed the crime as a group with the active participation of at least three other persons.

As a first-time offender, Chauvin had potentially faced 12 and a half years in prison on that count under state sentencing guidelines. However, prosecutors asked for what is called "upward departure", and argued Chauvin abused his authority as an officer and should receive a longer sentence that what would normally be recommended. The judge also said he wants to put distance between the state trial and the massive publicity that surrounded Derek Chauvin's murder trial - which Cahill also oversaw.

Afghan school blast toll rises to 58, families bury victims
It happened in the Kabul district of Dasht-e-Barchi, where gunmen killed 16 people in a hospital maternity ward one year ago. Afghan men try to identify the dead bodies at a hospital after a bomb explosion near a school west of Kabul in Afghanistan .

Mr Cahill disagreed with prosecutor's fifth point, which was that Mr Floyd was a "particularly vulnerable victim".

But Cahill said one of the other officers twice checked Floyd's pulse and told Chauvin he detected none, while another officer suggested rolling Floyd to his side and said he was passing out.

Defendant abused a position of trust and authority.

Eric Nelson, Chauvin's attorney, did not respond to a request for comment.

Nelson opposed each supposed factor, arguing in a brief that the state "has failed to meet its burden of proving the existence of the alleged aggravating factors beyond a reasonable doubt". Minnesota convicts serve two-thirds of their sentence in jail and the other one-third outside of jail.

Chauvin has also been indicted on federal charges alleging he violated Floyd's civil rights, as well as the civil rights of a 14-year-old he restrained in a 2017 arrest.

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