MINNEAPOLIS (WCCO) — Judge Peter Cahill says prosecutors in the Derek Chauvin trial have proven “beyond a reasonable doubt” some aggravated sentencing factors, including cruelty.
Chauvin, the former Minneapolis police officer convicted in the murder of George Floyd, is set to be sentenced on June 25. It was originally scheduled for June 16, but pushed back.
According to Cahill, prosecutors have proven beyond a reasonable doubt that Chauvin abused a position of authority, treated Floyd with particular cruelty, children were present during the commission of the offense, and Chauvin committed the crime as a group with the active participation of at least three other people.
“It was particularly cruel to kill George Floyd slowly by preventing his ability to breath when Mr. Floyd had already made it clear he was having trouble breathing,” the motion said on the cruelty factor.
Cahill says the victim being particularly vulnerable was not proven beyond a reasonable doubt.
Bottom line: finding 4/5 aggravating factors means Judge Cahill can sentence #DerekChauvin to more than the guideline of 12.5 years. https://t.co/nXm1TV62GF
— Jason DeRusha (@DeRushaJ) May 12, 2021
Four out of the five aggravated factors brought before the judge were found to be proven, and it means the judge could go with a longer sentence for Chauvin than the sentencing guidelines would indicate, which would be a minimum of 12 and a half years.
On April 20, the jury in Chauvin’s trial found him guilty on all three counts of second-degree murder, third-degree murder and second-degree manslaughter.
It took the jury roughly 10 hours of deliberation to reach their verdict, including about four hours on the first day and another six hours on the second day.
Chauvin showed no reaction as the judge read all three unanimous verdicts. He was quickly handcuffed and taken out of the courtroom. He spent his first days of conviction in the Minnesota Correctional Facility in Oak Park Heights.
In early May, defense attorney Eric Nelson filed a motion for a new trial, claiming the court violated Chauvin’s constitutional rights for several reasons, including not allowing the trial to move outside of Hennepin County, and not sequestering the jury the entire time. He also says the jury committed misconduct, and wants a hearing to throw out the verdict.
This is a developing story, so check back for more.