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US Derek Chauvin to be sentenced for murder in the death of George Floyd

04:56  26 june  2021
04:56  26 june  2021 Source:   today.com

Prosecutors: New trial not merited for ex-cop in Floyd death

  Prosecutors: New trial not merited for ex-cop in Floyd death MINNEAPOLIS (AP) — Prosecutors say the former Minneapolis police officer convicted of murder and manslaughter in George Floyd's death should not be granted a new trial because the proceedings were fair and Derek Chauvin was found guilty by an impartial jury, according to a court document filed Wednesday. The state's document came in response to defense requests to grant Chauvin a new trial and to hold a hearing to question jurors about alleged misconduct. Among other things, defense attorney Eric Nelson said intense pretrial publicity, alleged prosecutorial misconduct and some decisions by the court made it impossible for Chauvin to get a fair trial.

Derek Chauvin, the former Minneapolis police officer convicted of murder in the death of George Floyd, will learn his punishment Friday.

Hennepin County District Judge Peter Cahill will sentence Chauvin in the afternoon. Prosecutors have asked that Chauvin receive 30 years in prison. His lawyer is seeking probation.

The presumptive sentence for a person like Chauvin, who had no criminal history, is 12½ years for second-degree murder. Cahill could sentence him to as little as 10 years and eight months or as much as 15 years and remain within the guideline range.

Last month, Cahill ruled that prosecutors had proven there were four aggravating factors in Floyd's death, paving the way for a longer sentence.

Derek Chauvin sentencing: Former police officer faces prison time for the murder of George Floyd

  Derek Chauvin sentencing: Former police officer faces prison time for the murder of George Floyd Derek Chauvin, the former police officer who killed George Floyd on a Minneapolis street last year, is set to be sentenced Friday to a potentially lengthy prison stay. © Provided by CNN Chauvin, 45, was convicted in April on charges of second-degree unintentional murder, third-degree murder and second-degree manslaughter for his role in Floyd's death. Prosecutors for the state of Minnesota requested a 30-year prison sentence, saying it "would properly account for the profound impact of Defendant's conduct on the victim, the victim's family, and the community," according to a sentencing memo.

Floyd, a Black man, was handcuffed, in a prone position on the street May 25, 2020, as Chauvin, who is white, knelt on his neck for 9½ minutes while Floyd said he couldn't breathe and went limp. Floyd's gruesome death — captured in a harrowing bystander video that was posted to Facebook and widely viewed — ignited a reckoning on racial disparities in America and fueled calls for police reform.

Chauvin was convicted in April of second- and third-degree murder, as well as second-degree manslaughter. The jury deliberated for about 10 hours before reaching a verdict. Under Minnesota statutes, he can be sentenced only on the most serious charge: unintentional second-degree murder, which has a maximum sentence of 40 years.

Judge rejects Chauvin request for new trial in Floyd death

  Judge rejects Chauvin request for new trial in Floyd death MINNEAPOLIS (AP) — A judge on Friday rejected former Minneapolis police Officer Derek Chauvin’ s request for a new trial in George Floyd ’s death. Judge Peter Cahill said defense attorney Eric Nelson didn't show that the court abused its discretion and denied Chauvin the right to a fair trial. The ruling came hours before Chauvin was to be sentenced for murder in Floyd's death. Requests for new trials after a conviction are routine but rarely granted. Chauvin, 45, pinned Floyd to a Minneapolis street for about 9 1/2 minutes on May 25, 2020, ignoring the Black man’s cries of “I can’t breathe” and the shouts of onlookers.

In arguing for a 30-year sentence, prosecutors said there were five aggravating factors in Floyd's death. In his ruling last month, Cahill wrote that the prosecution had proven four of those factors: Chauvin abused his position of trust and authority; treated Floyd with particular cruelty; and that he committed his crime in the presence of children "who witnessed the last moments" of Floyd's life; and with the active participation of at least three other people. (Cahill said prosecutors did not prove that Floyd was particularly vulnerable.)

"It was particularly cruel to kill George Floyd slowly by preventing his ability to breathe when Mr. Floyd had already made it clear he was having trouble breathing," Cahill wrote.

Floyd "was begging for his life and obviously terrified by the knowledge that he was likely to die" but Chauvin "remained indifferent" to his pleas, Cahill also wrote.

Live Updates: Derek Chauvin sentencing underway

  Live Updates: Derek Chauvin sentencing underway Derek Chauvin, the former Minneapolis Police officer convicted in the death of George Floyd, will be sentenced Friday. The sentencing starts at 2:30 p.m. ET.In April, Chauvin, 45, was found guilty on three counts: Second-degree unintentional murder, third-degree murder and second-degree manslaughter for pressing his knee against Floyd's neck for more than 9 minutes. He is widely expected to appeal.

Chauvin's conviction was rare. Philip Stinson, a criminal justice professor at Bowling Green State University in Ohio, has found through his research that Chauvin is one of only 11 nonfederal law enforcement officers — such as police officers, deputy sheriffs and state troopers — who have been convicted of murder for on-duty killings since 2005.

Chauvin and the three other former police officers involved in Floyd's arrest — J. Alexander Kueng, Thomas Lane and Tou Thao — were fired the day after Floyd's death. They are also awaiting trial in federal court on charges of violating Floyd's civil rights. No trial date has been set.

Cahill delayed the trial of Kueng, Lane and Thao, who are charged with aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter and whose trial was originally scheduled to begin in August, to March 2022, saying last month that he wanted to put some distance between their trial and Chauvin's trial. Cahill also said he wanted them to be tried on the federal charges first.

Related video:

This story first appeared on NBCNews.com.

Opinion: Why Derek Chauvin's sentence doesn't resolve things for me .
In saying in their sentencing memo that "no sentence can undo the damage" of Chauvin's actions, prosecutors could also have been describing our collective, grim knowledge that no criminal trial can absolve an entire nation's sins around race, CNN legal analyst Elliot Williams observes.A chapter in American history closed Friday, with Derek Chauvin receiving a sentence of 270 months, or 22.5 years, for the murder of George Floyd. While Chauvin has a right to appeal both his conviction and his sentence, Friday's proceeding, at least in part, brings the case to a symbolic ending point, and provides perhaps a measure of closure.

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