Convicted ex-officer Derek Chauvin may face a longer sentence after a Minnesota judge ruled there were aggravating factors involved in the death of George Floyd, a black man who died in police custody.
Judge Peter Cahill ruled that Chauvin, 45, abused his authority as a police officer when he restrained Floyd by kneeling on his neck for over eight minutes, according to an order made public Wednesday.
Prosecutors have argued that Floyd was in a particularly vulnerable position due to being handcuffed and face-down, adding that Chauvin continued to restrain him after he became unresponsive.
They argued that Chauvin caused psychological distress to Floyd and that he committed the crime in front of children, including the 9-year-old girl who testified in his trial.
Cahill agreed with most of what prosecutors brought forth, except that Floyd was in a particularly vulnerable position.
Chauvin’s defense attorney, Eric Nelson, disagreed with the prosecutors’ conclusion that there were aggravating factors involved in Floyd’s killing, arguing that Chauvin had the legal authority to assist in Floyd’s arrest and was justified by law to use reasonable force to hold him down. Nelson also dismissed the notion that Floyd was particularly vulnerable, saying he was a large man struggling with officers.
Despite Cahill’s ruling, legal experts said they don’t expect Chauvin to get over 30 years in prison when he is sentenced in June.
A jury found Chauvin guilty on charges of second-degree unintentional murder, third-degree murder, and second-degree manslaughter April 20 in connection to Floyd’s death on May 25, 2020.
Though he was found guilty on three counts, Chauvin will only be sentenced to the most serious one under Minnesota law — which, in this case, is second-degree murder. Under state law, Chauvin could face a presumptive sentence of 12.5 years on that charge.
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However, Chauvin also faces federal charges over whether he violated the civil rights of Floyd and a 14-year-old he restrained in a 2017 arrest. If he is convicted on those charges, Chauvin could face a federal sentence around the same time as his state sentence.
