Judge: 'Aggravating Factors' Proven in Chauvin Trial

Judge: 'Aggravating Factors' Proven in Chauvin Trial

Judge: 'Aggravating Factors' Proven in Chauvin Trial

Statutes in Minnesota, per the Associated Press, require that Chauvin be sentenced on only the most serious of the charges, with state guidelines showing he could have been sentenced to up to 15 years.

A U.S. judge on Thursday postponed the trial of three former Minneapolis policemen charged in the killing of George Floyd to March 2022 in order to let a federal prosecution against them go ahead first.

Children hold signs while people react after the verdict in the trial of Derek Chauvin.

In his ruling dated Tuesday, Judge Peter Cahill found that Chauvin abused his authority as a police officer when he restrained Floyd previous year and that he treated Floyd with particular cruelty.

Chauvin is scheduled to be sentence on 25 June.

On 20 April, Chauvin was found guilty of second and third-degree murder and second-degree manslaughter of George Floyd. He has waived his right to have a jury determine his sentence, which means Judge Peter Cahill - who presided over the trial - will set the punishment.

CNN reports the judge listed those factors as Chauvin abused a position of trust and authority, he treated Floyd with particular cruelty, that children were present, and that Chauvin committed the crime with a group. People demanding justice for George Floyd gathered tonight outside the Hennepin County Government Center, where the trial of former Minneapolis police officer Derek Chauvin has been ongoing for the past two weeks.

It was unknown when Cahill would rule on that motion.

Eric Nelson, Chauvin's attorney, did not respond to a request for comment. State guidelines give judges leeway to impose sentences that are far less harsh. The charge carries a maximum sentence of 40 years in prison. However, prosecutors asked for what is called "upward departure", and argued Chauvin abused his authority as an officer and should receive a longer sentence that what would normally be recommended. He said prosecutors did not prove that Floyd was particularly vulnerable, noting that even though he was handcuffed, he was able to struggle with officers who were trying to put him in a squad auto.

The state trial of Thomas Lane, J. Alexander Kueng and Tou Thao will be pushed back to March of 2022, a judge ruled Thursday. A few days later, federal officials announced a grand jury indicted Chauvin and three other former officers who were involved with Floyd's arrest with violating Floyd's right to be free from unreasonable seizure and excessive force.

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