Defense Attorney For Chauvin Wants A Light Sentencing For His Client

Prosecutors are seeking a 30-year sentence for Derick Chauvin, the former Minneapolis police officer convicted of murdering George Floyd in May 2020. However, the defense is asking that Derek Chavin be sentenced to probation and time already served.

In April, Derek Chauvin,45, was found guilty of second-degree murder, third-degree murder, and manslaughter in the killing of Floyd. After several months of rioting, looting, and even perceived intimidation by elected officials, Chavin was convicted in less than two days.

Prosecutors filed a memo with the District Court of Hennepin County on Wednesday, requesting 360 months for Chauvin stating that the lengthy sentence would7 “properly account for the profound impact of Defendant’s conduct on the victim, the victim’s family, and the community.” They said that Chauvin’s actions “shocked the Nation’s conscience.”

“No sentence can undo Mr. Floyd’s death, and no sentence can undo the trauma Defendant’s actions have inflicted. But the sentence the Court imposes must show that no one is above the law, and no one is below it,” prosecutors wrote. “Defendant’s sentence must hold him fully accountable for his reprehensible conduct.”

In addition, prosecutors argued that the factors surrounding the case, like children at the scene of the crime and his position of authority, make him eligible for a heavier sentence.

On the other hand, Chavin’s defense attorney Eric Nelson has pointed out due to Chauvin’s age, lack of a criminal record, and cooperation during the case, he should be granted a lighter sentence.

“Mr. Chauvin asks the Court to look beyond its findings, to his background, his lack of criminal history, his amenability to probation, to the unusual facts of this case, and to his being a product of a broken system,” Nelson wrote in the memo.

Nelson also cited “unaware that he was even committing a crime” and “in his mind, he was simply performing his lawful duty in assisting other officers in the arrest of George Floyd.”

Although many have found the defense’s request for a lighter sentence shocking, it’s not unusual for attorneys to negotiate with the state for a more moderate sentence.

Chavin has been convicted on all three charges, second-degree murder, third-degree murder, and second-degree manslaughter but will sentence him only on the most severe charge, which is second-degree murder. According to Minnesota sentencing guidelines, because Chavin does not have a prior criminal record, he faces a presumptive sentence of 12 1/2 years on that count.

Last month, Nelson filed a motion for a new trial, citing the numerous violations committed by members of the jury and the fact that Chauvin was denied his right to a fair trial.

Chauvin is scheduled to be sentenced on June 25.

 

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