Chauvin attorney argues for probation instead of prison time for George Floyd murder

Former Minneapolis police officer Derek Chauvin should receive probation instead of prison time for murdering George Floyd because he has no criminal history, he has a strong support network and he would likely be targeted for violence in prison, his attorney argued in a new court filing.

If the court refuses to grant probation at Chauvin's June 25 sentencing, wrote attorney Eric Nelson, it should hand down a lower prison term than recommended by state sentencing guidelines.

"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 a sentencing memorandum filed Wednesday.

Nelson did not elaborate further on what he meant by a " 'broken' system."

Jurors convicted Chauvin on April 20 of second-degree unintentional murder, third-degree murder and second-degree manslaughter.

Chauvin will be sentenced on the highest count, which carries a statutory maximum of 40 years in prison. However, state sentencing guidelines call for a prison term between a little over 10 years and 15 years, with a presumptive sentence of 12 1/2 years, for someone with no criminal history like Chauvin.

Prosecutors have previously filed notice that they intend to seek a higher-than-recommended prison term based on five aggravating factors they presented to the court for consideration. Prosecutors have not publicly revealed how much prison time they will seek.

Hennepin County District Judge Peter Cahill reviewed the prosecution's proposals and in May determined that there were four aggravating factors: Chauvin abused his position of trust and authority, he acted with particular cruelty, he committed the crimes in front of children and Chauvin acted as part of a group of three or more persons.

Cahill did not find that Floyd was "particularly vulnerable," a proposed aggravating factor that prosecutors had offered up.

Chauvin knelt on Floyd's neck for 9 minutes and 29 seconds on May 25, 2020 while Floyd repeatedly said he couldn't breathe and begged for his life. A horrified group of bystanders, which included several children, looked on, many of them begging for Chauvin and his three colleagues to relent.

Nelson wrote that Chauvin "is not the average offender" and had led a "hard-working, law abiding life" up to his encounter with Floyd.

"Mr. Chauvin still has the ability to positively impact his family and his community," Nelson wrote. " … In the eyes of the public, Mr. Chauvin has been reduced to this incident, and he has been painted as a dangerous man … However, behind the politics, Mr. Chauvin is still a human being."

Nelson argued that Chauvin has the support of his parents and sister, and is "still supported" by his ex-wife, who filed for divorce soon after the incident, and her family and her adult children from a different relationship.

"In spite of his mistakes, Mr. Chauvin has demonstrated that he has a capacity for good and that he has the discipline to consistently work toward worthwhile goals."

Chauvin's former colleagues — J. Alexander Kueng, Thomas Lane and Tou Thao — are scheduled to be tried next March in state court on charges of aiding and abetting second-degree murder and manslaughter.

All four former officers also face charges in federal court for allegedly violating Floyd's civil rights.