Derek Chauvin Sentencing: State Requests 30 Years; Defense Requests New Trial
MINNEAPOLIS (WCCO) -- The defense attorney for Derek Chauvin has requested a new trial, probation or a lesser sentence for the former Minneapolis police officer convicted of murdering George Floyd -- while the State of Minnesota is requesting a decades-long sentence.
Court documents filed in Hennepin County Wednesday show Chauvin's defense has asked for a new trial, change of venue and a Schwartz hearing to ensure "he receives a fair trial by an impartial jury." Attorney Eric Nelson also requested a downward dispositional departure, which would include a probationary sentence and time served, or, alternatively, a downward durational departure, meaning a lesser sentence for Chauvin than guidelines would presume.
Soon after the filing was announced, state prosecutors filled a request to Judge Peter Cahill to hand down a 30-year-sentence to Chauvin.
He was convicted on April 20 of second- and third-degree murder and second-degree manslaughter in Floyd's death. He is scheduled to be sentenced June 25. Judge Cahill earlier ruled he may face a longer prison sentence because prosecutors proved certain aggravated factors "beyond a reasonable doubt," including the former officer's cruelty in his treatment of Floyd, and that his deadly restraint of the victim was carried out in front of children.
Sentencing guidelines call for Chauvin to face a minimum of 12.5 years in prison, but the aggravated factors had the potential of increasing his sentence to up to 40 years.
Wednesday's filing by attorney Eric Nelson cites Chauvin's age, criminal history, level of cooperation and attitude in court and support of the community as factors supporting a probationary sentence.
Chauvin also faces federal civil rights charges in Floyd's death. Three other officers also face state and federal charges.
