Chauvin Should Get Probation, No Prison Time: Defense Attorney

MINNEAPOLIS — The defense attorney for former Minneapolis police officer Derek Chauvin formally asked the court Wednesday to give his client probation instead of prison time in the death of George Floyd.

In his argument for probation, Eric Nelson cited Chauvin's "zero criminal history score, his mature age, low risk to re-offend," and that Chauvin "has the support network he needs to succeed as he moves past this incident."

Nelson also cited safety concerns, noting that "convictions for officer-involved offenses significantly increase the likelihood of him becoming a target in prison."

Until he was found guilty of murder and manslaughter in Floyd's death, Chauvin had never before been convicted of a crime.

"Mr. Chauvin asks the Court to look beyond its findings, to his background, his lack of criminal history, his amenability to probation, to the unusual facts of this case, and to his being a product of a 'broken' system," Nelson wrote.

Chauvin and his attorney face an uphill battle for a reduced sentence.

In May, Hennepin County Judge Peter Cahill agreed with state prosecutors that there were several aggravating factors in Chauvin's case that support a longer prison sentence.

Under Minnesota sentencing guidelines, Chauvin should receive a sentence of 12.5 years, because he has never before been convicted of a crime. However, state prosecutors argue that Chauvin should receive an "upward departure" because of aggravating sentencing factors in the case.

Cahill ruled May 12 that the following four sentencing aggravating factors will apply:

• Chauvin abused a position of trust and authority.
• Chauvin treated George Floyd with "particular cruelty."
• Children were present during the crimes.
• Chauvin committed the crime "as a group with the active participation of at least three other persons."

State prosecutors Wednesday asked the court to give Chauvin a prison sentence of 360 months, or 30 years.

Background On Case

Chauvin was charged in the death of Floyd, a Black man who died after Chauvin kneeled on him for more than nine minutes despite Floyd's protests that he could not breathe. Floyd's death sparked nationwide protests demanding racial justice and police reform.

The racially diverse jury deliberated less than a full day before coming to a decision that concluded the two-week trial, which was closely watched as a bellwether of official responses to police killings of Black people.

"On May 25, 2020, George Floyd died faced down on the pavement," state prosecutor Steve Schleicher told jurors in his closing argument in April. "Nine minutes and 29 seconds. Throughout this time George Floyd struggled to breathe."

"What the defendant did to George Floyd killed him," Schleicher added. "It was ruled a homicide. The defendant is charged with murder."

Schleicher praised the "noble" police profession in his closing statement and noted that "this case is called the state of Minnesota versus Derek Chauvin. This is not called the state of Minnesota versus the police."

"This is not an anti-police prosecution. It's a pro-police prosecution."

Chauvin took "pride over policing," Schleicher said. "George Floyd paid for it with his life."

Chauvin's defense attorney said Chauvin's actions on Memorial Day were consistent with what a "reasonable police officer" would do.

The verdict in the case arrived less than two weeks after another Black man's fatal interaction with police sparked unrest in the Twin Cities metro area.

Former Brooklyn Center police officer Kim Potter faces charges of second-degree manslaughter in the April 11 shooting death of Daunte Wright, 20, in the Minneapolis suburb.