Share this @internewscast.com

MINNEAPOLIS (AP) — Prosecutors are asking a judge to give Derek Chauvin a more severe penalty than state guidelines call for when he is sentenced in June for George Floyd’s death, arguing in court documents filed Friday that Floyd was particularly vulnerable and that Chauvin abused his authority as a police officer.

Defense attorney Eric Nelson is opposing a tougher sentence, saying the state has failed to prove that those aggravating factors, among others, existed when Chauvin arrested Floyd on May 25.

Chauvin, who is white, was convicted last week of second-degree unintentional murder, third-degree murder and second-degree manslaughter for pressing his knee against Floyd’s neck for 9 1/2 minutes as the Black man said he couldn’t breathe and went motionless.

Even though he was found guilty of three counts, under Minnesota statutes he’ll only be sentenced on the most serious one — second-degree murder. While that count carries a maximum sentence of 40 years, experts say he won’t get that much.

Prosecutors did not specify how much time they would seek for Chauvin.

Under Minnesota sentencing guidelines, the presumptive sentence for second-degree unintentional murder 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. To go above that, Judge Peter Cahill would have to find that there were “aggravating factors,” and even if those are found, legal experts have said Chauvin would likely face a maximum of 30 years.

In legal briefs filed Friday, prosecutors said Chauvin should be sentenced above the guideline range because Floyd was particularly vulnerable with his hands cuffed behind his back as he was face-down on the ground. They noted that Chauvin held his position even after Floyd became unresponsive and officers knew he had no pulse.

Prosecutors also said Chauvin treated Floyd with particular cruelty during the lengthy restraint, and that he abused his position of authority as a police officer. Prosecutors also wrote that Chauvin committed his crime as part of a group, and that he pinned Floyd down in the presence of children — including a 9-year-old girl who testified at trial that watching the restraint made her “sad and kind of mad.”

Source: huffpost

Share this @internewscast.com
You May Also Like

Boyfriend Accused of Killing Girlfriend’s New Partner Out of Jealousy

Background: News footage from the scene in Lawrence, Indiana, following the discovery…

Diddy Faces Jail Time: What’s Happening?

The jury has found rap icon Sean “Diddy” Combs guilty of two…

Florida Court Dismisses Transgender Teacher’s Case Against State Law

FILE – This July 21, 2012, file photo shows the exterior of…

Teens Accused in Stabbing Incident Involving Young Businessman

Two teenagers have been charged over the fatal stabbing of 21-year-old Luke…

Teens Detained Following String of Armed Robberies at 20 Melbourne Shops

Kebab shop workers allegedly had a knife pulled on them by a…

Refugees Ask District Court to Ignore Supreme Court Decision

President Donald Trump delivers remarks after signing a law that nullifies California’s…

Police Thwart Attempt to Smuggle $333 Million in Methamphetamine

Two Sydney men have been arrested and a Melbourne man has been…

Utah Couple Accused of Severe Child Abuse: Shocking Details Emerge

A Utah couple was arrested this week after a police investigation uncovered…

California Resident Accused of Plotting with Online White Supremacist Group to Assassinate Federal Authorities and More

A 24-year-old man from California has been charged with eight counts, accused…

Man Who Imprisoned Girlfriend for Infidelity Receives Sentencing

Inset: Moises May in court (WDRB/YouTube). Background: Bodycam footage of police discovering…

Husband Suspected of Killing Doctor Wife Dies in House Fire

The estranged husband of a well-known California doctor has been arrested months…

Diddy Denied Bail: Emotional Outburst in Court

Sean “Diddy” Combs remains in jail after the split verdict in his…