MINNEAPOLIS (AP) — A Minnesota judge has ruled that there were aggravating factors in the death of
George Floyd, paving the way for the possibility of a longer sentence for
Derek Chauvin, according to an order made public Wednesday.
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Judge Peter Cahill found that Chauvin abused his authority as a police officer when he restrained Floyd last year and that he treated Floyd with particular cruelty. He also cited the presence of children when he committed the crime and the fact Chauvin was part of a group with at least three other people.
Cahill said Chauvin and two other officers held Floyd handcuffed, in a prone position on the street for an “inordinate amount of time” and that Chauvin knew the restraint was dangerous.
“The prolonged use of this technique was particularly egregious in that George Floyd made it clear he was unable to breathe and expressed the view that he was dying as a result of the officers’ restraint,” Cahill wrote.
Even with the aggravating factors, legal experts have said, Chauvin, 45, is
unlikely to get more than 30 years when he is sentenced June 25.
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With Tuesday’s ruling, Cahill has given himself permission to sentence Floyd above the guideline range, though he doesn’t have to, said Mark Osler, professor at the University of St. Thomas School of Law. He said attorneys for both sides will argue whether an upward departure is appropriate and how long the sentence should be.
A pre-sentence investigation report will also be conducted. These are usually nonpublic and include highly personal information such as family history and mental health issues, as well as details of the offense and the harm it caused others and the community.
In arguing for the upward departure, prosecutors said Chauvin treated Floyd with particular cruelty during the lengthy restraint, saying Chauvin inflicted gratuitous pain and caused psychological distress to Floyd and to bystanders.
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Cahill said when it became clear to bystanders that Floyd was in distress and stopped breathing, Chauvin continued to abuse his position of authority by not rendering aid.
In finding that Chauvin treated Floyd with particular cruelty, Cahill wrote: “The slow death of George Floyd occurring over approximately six minutes of his positional asphyxia was particularly cruel in that Mr. Floyd was begging for his life and obviously terrified by the knowledge that he was likely to die but during which the Defendant objectively remained indifferent to Mr. Floyd’s pleas.”
Defense attorney Eric Nelson disagreed with the state, saying that prosecutors did not prove that there were aggravating factors. He said Chauvin had legal authority to assist in Floyd’s arrest and was authorized under law to use reasonable force. He also said Floyd was not particularly vulnerable, saying he was a large man who was struggling with officers.
Nelson also argued Floyd was not treated with particular cruelty, saying that there is no evidence that the assault perpetrated by Chauvin involved gratuitous pain that’s not usually associated with second-degree murder.
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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. If convicted on those charges, which were unsealed Friday, a federal sentence would be served at the same time as Chauvin’s state sentence. The three other former officers involved in Floyd’s death were also charged with federal civil rights violations; they await trial in state court on aiding and abetting counts.
nypost.com
