Judge Rules That Chauvin Treated Floyd With 'Particular Cruelty'

MINNEAPOLIS — Hennepin County Judge Peter Cahill Wednesday agreed with state prosecutors that there were several aggravating factors in the Derek Chauvin case that support a longer prison sentence.

Chauvin was convicted in April of second and third-degree murder and second-degree manslaughter. Chauvin will be sentenced on June 25.

Judge Cahill ruled Wednesday 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." Read Judge Cahill's full ruling here.

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 at most he will spend 40 years in prison.

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 Monday by saying Chauvin's actions on Memorial Day were consistent with what a "reasonable police officer" would do.

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

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