Please ensure Javascript is enabled for purposes of website accessibility
Chauvin Could Face Decadeslong Sentence in Floyd's Death
gvw_ap_news
By Associated Press
Published 4 years ago on
June 25, 2021

Share

MINNEAPOLIS — Former Minneapolis police Officer Derek Chauvin learns his sentence Friday for murder in George Floyd’ s death, closing a chapter in a case that sparked global outrage and a reckoning on racial disparities in America.

Chauvin, 45, faces decades in prison, with several legal experts predicting a sentence of 20 to 25 years. Though Chauvin is widely expected to appeal, he also still faces trial on federal civil rights charges, along with three other fired officers who have yet to have their state trials.

The concrete barricades, razor wire and National Guard patrols that shrouded the county courthouse for Chauvin’s three-week trial are gone, and so is most of the tension in the city as it awaited a verdict in April. Still, there’s a recognition that Chauvin’s sentencing will be another major step forward for a city that has been on edge since Floyd’s death on May 25, 2020.

“Between the incident, the video, the riots, the trial — this is the pinnacle of it,” Mike Brandt, a local defense attorney who has closely followed Chauvin’s case, said. “The verdict was huge too, but this is where the justice comes down.”

Judge Denies Chauvin’s Request for New Trial

Chauvin was convicted of second-degree unintentional murder, third-degree murder and second-degree manslaughter for pressing his knee against Floyd’s neck for about 9 1/2 minutes as the Black man said he couldn’t breathe and went limp. Bystander video of Floyd’s arrest for suspicion of passing a counterfeit $20 bill prompted protests around the world and a nationwide reckoning on race and police brutality.

Before the sentencing hearing Friday, Judge Peter Cahill denied Chauvin’s request for a new trial, saying defense attorney Eric Nelson has not shown that the court abused its discretion or that there was any prosecutorial misconduct that would have deprived Chauvin of his right to a fair trial. Nelson argued that intense publicity around Floyd’s death tainted the jury pool and that the trial should have been moved away from Minneapolis.

Cahill also rejected Nelson’s request for a hearing into possible juror misconduct, saying Nelson failed to show there was any juror misconduct or that a juror gave false testimony during questioning. Nelson had accused juror Brandon Mitchell of not being candid during jury selection because he didn’t mention his participation in a march last summer to honor the Martin Luther King Jr. Prosecutors countered that Mitchell had been open about his views in a jury questionnaire and during the questioning of potential jurors.

Chauvin Could Face 30 Years in Prison

Under Minnesota statutes, Chauvin will be sentenced only on the most serious charge, which has a maximum sentence of 40 years. But case law dictates that a 30-year sentence would be the practical maximum sentence Cahill could impose without risk of being overturned on appeal.

Prosecutors asked for 30 years, saying Chauvin’s actions were egregious and “shocked the nation’s conscience.” Nelson requested probation, saying Chauvin was the product of a “broken” system and “believed he was doing his job.”

Cahill has already found that aggravating factors in Floyd’s deathwarrant going higher than the 12 1/2-year sentence recommended by the state’s sentencing guidelines. The judge found Chauvin abused his position of authority, treated Floyd with particular cruelty, and that the crime was seen by several children. He also wrote that Chauvin knew the restraint of Floyd 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 last month.

Floyd’s Family to Give Statements, Unclear if Chauvin Will

Attorneys on both sides are expected to make brief arguments Friday. Floyd’s family members — including his brother Philonise, his brother Terrence and his nephew Brandon Williams — will give statements in court.

Ben Crump, an attorney who has represented Floyd’s family, said family members were feeling “anxious and tense” ahead of the sentencing.

“To us, George Floyd is a cause. He’s a case; he’s a hashtag. To them — that’s their flesh and blood. You know, that that’s their brother,” Crump said.

Chauvin can also make a statement, but it’s not clear if he will. Experts say it could be tricky for Chauvin to talk without implicating himself in the pending federal case accusing him of violating Floyd’s civil rights.

Chauvin chose not to testify at his trial. The only explanation the public has heard from him came from body-camera footage in which he told a bystander at the scene: “We got to control this guy ’cause he’s a sizable guy … and it looks like he’s probably on something.”

Several experts said they doubted Chauvin would take the risk and speak, but Brandt thought he would. He said Chauvin could say a few words without getting himself into legal trouble.

“I think it’s his chance to tell the world, ‘I didn’t intend to kill him,’” Brandt said. “If I was him, I think I would want to try and let people know that I’m not a monster.”

Many People Want Tougher Sentence for Chauvin

Several people interviewed in Minneapolis days before Chauvin’s sentencing said they want to see a tough sentence.

Thirty years “doesn’t seem like long enough to me,” said Andrew Harer, a retail worker who is white. “I would be fine if he was in jail for the rest of his life.”

Joseph Allen, 31, who is Black, said he thinks Chauvin should receive “at least” 30 years, and said he’d prefer a life sentence. He cited nearly 20 complaints filed against the now-fired officer during his career.

Allen said he hopes other police officers can learn “not to do what Derek Chauvin did.”

Nekima Levy Armstrong, a civil rights attorney and activist, called for Chauvin to be sentenced “to the fullest extent of the law.” She called Floyd’s death “a modern day lynching” and predicted community outrage if Chauvin is sentenced lightly.

When asked if she would like to hear Chauvin speak, Levy Armstrong said: “For me as a Black woman living in this community, there’s really nothing that he could say that would alleviate the pain and trauma that he caused … I think that if he spoke it would be disingenuous and could cause more trauma.”

Crump also said he wanted to see a sentence above what is typically given for a second-degree murder conviction.

“There was nothing typical about what Derek Chauvin did in torturing George Floyd to death,” Crump said. “So we don’t expect it to be a typical sentence. It needs to be a sentence that sets a new precedent for holding police officers accountable for the unjustifiable killings of Black people in America.”

Chauvin and Other Officers Awaiting Federal Trial

No matter what sentence Chauvin gets, he’s likely to serve only about two-thirds behind bars presuming good behavior. The rest would be on supervised release.

He’s been held since his conviction at the state’s only maximum security prison, in Oak Park Heights. The former officer is held away from the general population for his safety, in a 10-by-10-foot cell, with meals brought to his room. He is allowed out for solitary exercise for an hour a day.

It’s not clear if Chauvin will remain there. State prisons officials said that decision wouldn’t be made until after Cahill’s formal sentencing order.

Chauvin and the three other officers involved in Floyd’s arrest are awaiting trial in federal court on charges of violating Floyd’s civil rights. No trial date has been set.

The three other officers are also scheduled for trial in March on state charges of aiding and abetting both murder and manslaughter.

RELATED TOPICS:

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

Trump Tower Damascus? Syria Seeks to Charm US President for Sanctions Relief

DON'T MISS

How Real ID Can Exclude ‘Real’ Americans From Flying, Voting and More

DON'T MISS

Fresno Police Cite 140 During 10-Hour Weekend Operation

DON'T MISS

Trump Plans to Accept Luxury 747 From Qatar to Use as Air Force One

DON'T MISS

What the World Needs From Pope Leo

DON'T MISS

Trump Orders Drugmakers to Cut Prices in 30 Days

DON'T MISS

Pope Leo XIV Urges Release of Imprisoned Journalists, Affirms Gift of Free Speech and Press

DON'T MISS

What to Know About Food Poisoning Illnesses Caused by Listeria

DON'T MISS

Economic Jitters and Soaring Gold Prices Create a Frenzy for US Jewelry Merchants

DON'T MISS

Newsom Urges California Cities and Counties to Ban Homeless Encampments

UP NEXT

‘The Studio’ Knows the Real Reason Movies Are Bad

UP NEXT

India and Pakistan Agree to a Ceasefire After Their Worst Military Escalation in Decades

UP NEXT

Ukraine and Allies Urge Putin to Commit to a 30-Day Ceasefire or Face New Sanctions

UP NEXT

Israeli Airstrikes Kill 23 in Gaza as Outcry Over Aid Blockade Grows

UP NEXT

Experts Call Kennedy’s Plan to find Autism’s Cause Unrealistic

UP NEXT

Summer Movie Guide 2025: Here’s What’s Coming to Theaters and Streaming From May to August

UP NEXT

First At-Home Test Kit for Cervical Cancer Approved by the FDA, Company Says

UP NEXT

Leo XIV’s Service to Poor Propelled Him to Papacy, Cardinals Say

UP NEXT

Nitrous Oxide Recreational Use Risks: Brain Damage, Death, and Easy Access

UP NEXT

Former Supreme Court Justice David Souter, a Republican Who Became a Liberal Darling, Dies at 85

Trump Plans to Accept Luxury 747 From Qatar to Use as Air Force One

1 hour ago

What the World Needs From Pope Leo

2 hours ago

Trump Orders Drugmakers to Cut Prices in 30 Days

2 hours ago

Pope Leo XIV Urges Release of Imprisoned Journalists, Affirms Gift of Free Speech and Press

2 hours ago

What to Know About Food Poisoning Illnesses Caused by Listeria

2 hours ago

Economic Jitters and Soaring Gold Prices Create a Frenzy for US Jewelry Merchants

2 hours ago

Newsom Urges California Cities and Counties to Ban Homeless Encampments

2 hours ago

Eagles-Chiefs Super Bowl Rematch, Allen-Mahomes Matchup Are Among Biggest 2025 NFL Games

2 hours ago

Warriors, Knicks Will Try to Bounce Back From Home Playoff Losses

2 hours ago

Twins Win 8th Straight, Beating Giants on Keirsey’s RBI Single in 10th

2 hours ago

Trump Tower Damascus? Syria Seeks to Charm US President for Sanctions Relief

DAMASCUS/WASHINGTON (Reuters) -A Trump Tower in Damascus, a detente with Israel and U.S. access to Syria’s oil and gas are part of Syr...

9 minutes ago

A general view shows Damascus from Mount Qasioun, after one month since the ousting of Syria's Bashar al-Assad, in Damascus, Syria, January 7, 2025. REUTERS/Khalil Ashawi/File Photo
9 minutes ago

Trump Tower Damascus? Syria Seeks to Charm US President for Sanctions Relief

Non-REAL ID
55 minutes ago

How Real ID Can Exclude ‘Real’ Americans From Flying, Voting and More

Photo of the front of Fresno Police Headquarters
1 hour ago

Fresno Police Cite 140 During 10-Hour Weekend Operation

The motorcade of U.S. President Donald Trump is parked next to a 12-year old Qatari-owned Boeing 747-8 that Trump was touring in West Palm Beach, Florida, February 15, 2025. REUTERS/Kevin Lamarque/File Photo
1 hour ago

Trump Plans to Accept Luxury 747 From Qatar to Use as Air Force One

Newly elected Pope Leo XIV, Cardinal Robert Prevost of the United States appears on the balcony of St. Peter's Basilica, at the Vatican, May 8, 2025. (REUTERS/Guglielmo Mangiapane)
2 hours ago

What the World Needs From Pope Leo

President Donald Trump signs an executive order related to drug prices, in the Roosevelt Room of the White House in Washington, Monday, May 12, 2025, in Washington. (AP/Mark Schiefelbein)
2 hours ago

Trump Orders Drugmakers to Cut Prices in 30 Days

Pope Leo XIV meets with members of the international media in the Paul VI Hall at the Vatican, Monday, May 12, 2025. (AP/Domenico Stinellis)
2 hours ago

Pope Leo XIV Urges Release of Imprisoned Journalists, Affirms Gift of Free Speech and Press

This 2002 electron microscope image made available by the Centers for Disease Control and Prevention shows a Listeria monocytogenes bacterium. (AP File)
2 hours ago

What to Know About Food Poisoning Illnesses Caused by Listeria

Help continue the work that gets you the news that matters most.

Search

Send this to a friend