Attorneys debate 'aggravating factors' in George Floyd murder

Prosecutors and an attorney for former Minneapolis police officer Derek Chauvin filed memorandums Friday arguing over the state's intentions to seek aggravating factors — and a longer prison sentence — in the George Floyd murder case.

The memorandums come more than a week after jurors convicted Chauvin of all the counts against him in Floyd's May 25 killing: second-degree unintentional murder, third-degree murder and second-degree manslaughter.

Chauvin's attorney, Eric Nelson, wrote that prosecutors failed to prove there were aggravating factors, and argued against a higher prison sentence.

Last August, prosecutors filed notice with the court that they would seek aggravating factors in order to pursue a stiffer prison term. Prosecutors argued at the time that there were five such factors:

• Floyd was "particularly vulnerable" because his hands were handcuffed behind his back when three officers pinned him stomach-down in the street for allegedly using a fake $20 bill at Cup Foods.

• Floyd was treated with "particular cruelty."

• The officers abused their position of authority.

• The officers committed the act as a group.

• The officers' actions occurred in front of children.

Hennepin County District Judge Peter Cahill will review the memorandums and decide whether there were aggravating factors. Chauvin decided at trial to allow Cahill to review the matter instead of having jurors decide the issue.

Second-degree unintentional murder is punishable by up to 40 years in prison. Third-degree murder is punishable by up to 25 years in prison. However, Minnesota sentencing guidelines call for identical presumptive prison terms for both counts, starting at 12½ years for someone with no criminal history.

Second-degree manslaughter is punishable by up to 10 years in prison and/or a fine of $20,000. The count carries a presumptive sentence of four years for someone with no criminal history.

Chauvin will be sentenced on the highest charge. Ted Sampsell-Jones, a professor of law at Mitchell Hamline School of Law, previously said that if Cahill found aggravating factors and applied them to sentencing, Chauvin would receive a maximum of 30 years in prison. Without those factors, he said, Chauvin would receive 15 years maximum.

Chauvin is in custody and is scheduled to be sentenced June 25. His three former colleagues who were at the scene — J. Alexander Kueng, Thomas Lane and Tou Thao — are scheduled to be tried in one trial starting Aug. 23 on charges of aiding and abetting second-degree murder and manslaughter. All three are out on bond.

Chao Xiong • 612-270-4708

Twitter: @ChaoStrib