Derek Chauvin Sentencing: 2 Possible Outcomes

MINNEAPOLIS — Former Minneapolis police officer Derek Chauvin will find out how many years, if any, he will spend in prison on Friday. Chauvin was convicted in April of second and third-degree murder and second-degree manslaughter in the death of George Floyd. Like the trial itself, Chauvin's sentencing will be live-streamed.

Two possible sentencing outcomes for Chauvin are:

• 30 years in prison, as argued for by the prosecutors
• Probation but zero years in prison, as argued for by the defense

Chauvin and his attorney face an uphill battle for a reduced sentence. Judge Peter Cahill ruled in May that four of the five factors that prosecutors argued for will apply during sentencing.

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.

Judge Cahill ruled 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"

Judge Cahill, however, ruled that Floyd was not "particularly vulnerable."

Here are the maximum state prison sentences for each of the three offenses Chauvin was convicted of:

• 2nd-degree murder: 40 years max
• 3rd-degree murder: 25 years max
• 2nd-degree manslaughter: 10 years max

Chauvin's sentences will run concurrently, meaning he could not receive more than 40 years in prison.

Chauvin Should Get Probation, No Prison Time: Defense Attorney

In his argument for probation, defense attorney 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.

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," said Schleicher. "George Floyd paid for it with his life."

Meanwhile, Chauvin's defense attorney, Eric Nelson, closed by saying Chauvin's actions on Memorial Day were consistent with what a "reasonable police officer" would do.

Chauvin faces federal charges

In May, a federal grand jury Chauvin, Alexander Kueng, Thomas Lane, and Tou Thao on civil rights violations in the death of George Floyd. Chauvin was also indicted in a separate Sept. 4, 2017 incident. He is accused of holding a 14-year-old by the throat and hitting the teenager multiple times in the head with a flashlight without legal justification.

The three-count indictment in the death of Floyd claims that the four men — acting in their capacity as police officers — "willfully deprived Mr. Floyd of his constitutional rights." Their actions resulted in Floyd's death, the indictment states.

Read more here.