Former Minneapolis police officer Derek Chauvin should only be given a trial, his attorney said Wednesday, while prosecutors claim he should be sentenced to 30 years in prison.
Chauvin was convicted in April of second-degree murder, second-degree manslaughter and third-degree murder in the murder of George Floyd in 2020. Chauvin is due to be sentenced on June 25 in a courthouse in Minneapolis.
The former policeman is particularly subject to probation due to his age of 44, his lawyer argued in a memorandum.
‘The life expectancy of police officers is generally shorter, and police officers have a significantly higher average chance of death due to specific diseases than men in the general population. Mr. Chauvin is now forty-four years old and approaching the healthier years of his life. He was provisionally diagnosed with heart damage and could probably die at a younger age like many former police officers, ‘said lawyer Eric Nelson in the submission of 17 pages.
‘Irrespective of the long-term damage that a prison sentence inflicts on Mr. Chauvin’s life prospects will, given his age, convictions for offenses committed by officers will significantly increase the likelihood of him becoming a target in prison. Such security issues are evident from his detention in a high-security prison. It is also a fact that the court is allowed to consider in the context of a weakened attitude disorder, ”he added.
Chauvin is being held in the Park Park Jail in Stillwater, Minnesota, in Minnesota’s only maximum security detention for security reasons, a government official told The Epoch Times earlier.
In addition, Chauvin should receive a light sentence because he had no legal issues before being arrested in the case, his lawyer said. Furthermore, the former officer “fully cooperated with the court” in the case, despite “unprecedented public reproach and investigation,” Nelson argued.
Nelson asked Judge Peter Cahill in Hennepin County to impose a severe probation sentence along with the time in jail equal to the period Chauvin had already served.
If Nelson decides to give Chauvin a longer prison sentence, the convict asks the court to deviate from the sentencing guidelines.
“This court has already concluded that the facts proved at the trial beyond a reasonable doubt confirm the existence of four separate aggravating factors: accused (i) abused a position of trust and authority; (ii) acted with particular cruelty; (iii) acted in collaboration with three other individuals who all actively participated in the crime; and (iv) committed the crimes in the presence of children, ”said prosecutors to Minnesota Attorney General Keith Ellison.
“In sentencing, the court must take the next step and judge that each of these aggravating factors provides a ‘substantial and compelling reason’ for the imposition of an aggravating sentence.”
Under Minnesota law, Chauvin will only be sentenced for his most serious crime, second-degree murder. The sentence of sentencing for the convict is 128 to 180 months.
If Chauvin is sentenced to prison, he will spend only two-thirds of the sentence behind bars. According to state law, he will be supervised for the rest of the time.
Cahill opened the door last month for a longer sentence in the case, agreeing with prosecutors that Chauvin treated Floyd “with particular cruelty”, that children were present during the time Chauvin was kneeling on Floyd’s neck and back and that Chauvin committed the crime a group with active participation of at least three other persons.
‘No sentence can commemorate the death of Mr. Floyd does not undo, and no sentence can undo the trauma that the accused sustained. “The sentence imposed by the court must show that no one is above the law, and no one below it,” prosecutors wrote on Wednesday. “The punishment of the accused must hold him fully liable for his reprehensible conduct.”