MINNEAPOLIS (WCCO) – Now that Derek Chauvin is convicted, under sentencing guidelines he faces 12.5 years in prison, but the prosecution has asked the judge to consider aggravating factors that would allow him to impose up to 40 years.

Joe Tamburino, WCCO’s legal analyst said an aggravating factor, “is a factor or factors that make this case or any given case worse than other similar cases.”

READ MORE: Clean Car Debate At Minnesota Capitol May Lead To Summer Closures Of State Parks, Trails

Aggravating factors, in this case, include whether Chauvin abused his position of authority, his treatment of George Floyd with particular cruelty, and the presence of children.

Testimony showed two 17-year-olds and a 9-year-old witnessed Floyd’s killing.

We asked Tamburino, “No one disputes that a child was present, is that just a slam dunk there?”

READ MORE: Marietta's Salt Lake Is A Paradise For Birds And Bird Watchers

“Yes, that is why the attorney general called those witnesses, we know for a fact there were children there at the time of the crime,” said Tamburino.

Had Chauvin been acquitted on all charges, charges could have been dropped against the three other officers. Officers Alexander Kueng, Thomas Lane and Thou Thao are all charged with aiding and abetting Chauvin in committing second-degree murder and second-degree manslaughter.

At his news conference after the verdict, Attorney General Keith Ellison made it clear the trial of the other three officers will go forward. It’s scheduled to start on August 23.

MORE NEWS: COVID In MN: Gov. Walz To Announce On Thursday His Timeline To End All Restrictions

Judge Peter Cahill is expected to formally sentence Chauvin in about eight weeks. No date has been set.

Esme Murphy