Former police officer to be sentenced in June for George Floyd murder

24 April 2021, 10:44

Former Minneapolis police officer Derek Chauvin is taken into custody (Court TV/Pool/AP)
George Floyd Officer Trial. Picture: PA

Derek Chauvin was convicted over the death in the US city of Minneapolis that sparked protests across the world.

Derek Chauvin, the former Minneapolis police officer convicted of murder and manslaughter for pressing his knee against the neck of George Floyd will be sentenced in June, according to an online court filing for the case.

Online records say Chauvin will be sentenced on June 16 at 1.30pm local time, by Peter Cahill, the Hennepin County judge who oversaw the trial that included nearly three weeks evidence from bystanders, medical experts and police use-of-force trainers.

Chauvin, 45, was convicted on Tuesday of all three counts against him: second-degree unintentional murder, third-degree murder and second-degree manslaughter.

Under Minnesota statutes he will only be sentenced on the most serious one — second-degree murder.

While that count carries a maximum sentence of 40 years, experts say he will not get that much.

They say that for all practical purposes, the maximum he would face is 30 years, and he could get less.

A George Floyd mural in Minneapolis (Julio Cortez/AP)
A George Floyd mural in Minneapolis (Julio Cortez/AP)

Under Minnesota sentencing guidelines, the presumptive second-degree murder sentence for someone with no criminal record like Chauvin would be 12 1/2 years.

Judges can sentence someone to as little as 10 years and eight months or as much as 15 years and still be within the advisory guideline range.

But in this case, prosecutors are seeking a sentence that goes above the guideline range, called an “upward departure”.

They cited several aggravating factors, including that Mr Floyd was particularly vulnerable, that Chauvin was a uniformed officer acting in a position of authority, and that his crime was witnessed by multiple children — including a nine-year-old girl who gave evidence that watching the restraint made her “sad and kind of mad”.

Both sides are expected to file written arguments on whether there were aggravating factors, and Mr Cahill will make a finding before the sentencing hearing.

Even if aggravating factors are found to be present, experts say Cahill likely would not sentence Chauvin to anything more than 30 years because previous Supreme Court rulings indicate anything more than that would risk a reversal on appeal.

Derek Chauvin (Minnesota Department of Corrections/AP)
Derek Chauvin (Minnesota Department of Corrections/AP)

No matter what sentence Chauvin gets, in Minnesota it is presumed that a defendant with good behaviour will serve two-thirds of the penalty in prison and the rest on supervised release, commonly known as parole.

That means if Chauvin is sentenced to 30 years, he would likely serve about 20 behind bars, as long as he causes no problems in prison.

Once on supervised release, he could be sent back to prison if he violates parole conditions.

Chauvin is currently in Minnesota’s only maximum-security prison, and is in a single cell for his safety.

He did not give evidence at trial, and it is not known if he will make a statement at sentencing.

The death of Mr Floyd, who was black, sparked racial justice protests across the world.

By Press Association

Latest World News

See more Latest World News

Virginia Giuffre

Woman driving Prince Andrew accuser Virginia Giuffre during crash that left her with 'four days to live' breaks silence

Exclusive
'Donald Trump has made Putin comfortable,' Mikhail Khodorkovsky has warned

'Trump has made Putin comfortable' despite massive Ukraine war losses, exiled former oligarch tells LBC

The bodies of Andrew Searle and his wife Dawn were discovered by a neighbour.

British couple found dead in south of France home being ‘treated as murder-suicide’

The vehicle was later extinguished after the driver, covered in flames, emerged from the vehicle.

Amsterdam Dam Square car explosion sees driver engulfed in flames - just days after mass stabbing

d

Pictured: US tourist arrested for sailing to remote island and leaving a can of Coke for world's most isolated tribe

The Sentinelese are a pre-Neolithic tribe that rejects contact with the modern world

US tourist arrested for sailing to remote island and leaving a can of Coke for the world's most isolated tribe to try

The Trump administration has been ridiculed after imposing tariffs on uninhabited islands

'No one is safe, not even the penguins': Trump administration ridiculed after imposing tariffs on uninhabited islands

World leaders react to US tariffs

'This is not the act of a friend': World leaders react to Trump's 'unwarranted' tariffs

British couple

British couple found dead in New Zealand named - as police probe possible murder-suicide

Virginia Giuffre said she had been left with 'four days to life' after the crash

Bus driver breaks silence on Virginia Giuffre crash that left her 'with four days to live'

Foreign Secretary David Lammy

David Lammy to urge Nato allies to increase defence spending in bid to make alliance 'stronger, fairer and more lethal'

European Commission President Ursula von der Leyen

EU threatens further countermeasures against US tariffs after 'major blow to world economy'

Lord Sugar labels Trump tariffs 'a disaster' as Apprentice star teases potential US Presidential meeting

Lord Sugar labels Trump tariffs 'a disaster' and warns that the president 'hasn't thought it through'

Buildings that were destroyed during the Israeli ground and air operations in Gaza

Israel expands ground attack on Gaza to seize 'large areas' - despite pleas from hostage families

Police said two people died on Palliser Road, Roseneath.

British couple found dead at home in New Zealand - just months after moving to 'begin new chapter'

Virginia Giuffre warned it was a "very bad situation" after she claimed a school bus ploughed into her car

Virginia Giuffre was charged with breaching restraining order days before crash that 'left her with days to live'