Derek Chauvin, the former Minneapolis officer convicted of murdering George Floyd, petitioned a judge to receive probation weeks ahead of his sentencing date.
The disgraced policeman’s lawyer, Eric Nelson, argued that the 45-year-old may be victimized in prison, according to CBS News, which cited a sentencing memorandum. Nelson further remarked that Chauvin had no prior criminal history and a 19-year law enforcement career in which he received several commendations.
The prosecution insisted Chauvin should receive a sentence of no less than 30 years behind bars to “properly account for the profound impact of [Chauvin’s] conduct on the victim, the victim’s family, and the community.”
Attorneys for the state brought up a host of “aggregating factors,” including Chauvin’s cruelty in ignoring Floyd’s pleas, his abuse of authority, the commission of a crime in front of a child, and his actions within a group. Prosecutors said these factors, which were accepted by Judge Peter Cahill last month, warrant a prison term more substantial than the recommended 15 years.
CHAUVIN COULD FACE LONGER SENTENCE OVER ‘AGGREGATING FACTORS’ IN FLOYD’S DEATH
“His actions traumatized Mr. Floyd’s family, the bystanders who watched Mr. Floyd die, and the community,” the prosecution’s memo read. “And his conduct shocked the Nation’s conscience. No sentence can undo the damage [Chauvin’s] actions have inflicted. But the sentence the Court imposes must hold [Chauvin] fully accountable for his reprehensible conduct.”
Chauvin, who was convicted of second-degree murder, third-degree murder, and second-degree manslaughter on April 21, could face up to 40 years behind bars. His sentencing date is set for June 25. Nelson has argued that despite the guilty verdict, his client is not a “dangerous man” but a “human being.”
“In spite of his mistakes, Mr. Chauvin has demonstrated that he has a capacity for good and that he has the discipline to consistently work toward worthwhile goals,” the defense argument read.
Nelson said Chauvin complied with all measures from the court. He added that Chauvin’s actions were not intentional but rather an “error made in good faith.”
“Throughout these proceedings, and in the face of unparalleled public scorn and scrutiny, Mr. Chauvin has been very respectful to the judicial process, the Court, and the State,” the memo said.
“Mr. Chauvin’s offense is best described as an error made in good faith reliance [sic] his own experience as a police officer and the training he had received — not intentional commission of an illegal act,” it continued.
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Nelson also filed a motion for Chauvin to receive a new trial, alleging pretrial misconduct. In one high-profile instance ahead of the verdict, California Rep. Maxine Waters told a Minneapolis crowd to “get more confrontational” if the former officer was not found “guilty.”
The trial for the other three officers, J. Alexander Kueng, 27, Thomas Lane, 38, and Tou Thao, 35, has been rescheduled for March 2022. All have been charged with aiding and abetting the murder of Floyd.
