Derek Chauvin’s lawyer tells court police officers have lower life expectancy so the killer cop should be spared prison time
Defense attorney Eric Nelson and former police officer Derek Chauvin address Hennepin County Judge Peter Cahill on April 15, 2021.
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The lawyer for former Minneapolis police officer Derek Chauvin has filed a motion urging the judge to sentence his client to probation and time served, arguing that a police officer’s life expectancy is shorter than a civilian’s.
The motion was filed on Wednesday, about three weeks before Chauvin’s sentencing hearing. He could be sentenced to up to 40 years in prison for murdering George Floyd.
The state of Minnesota is pushing for a sentence of 30 years.
“Chauvin’s age weighs in his favour when determining a sentence,” his attorney, Eric Nelson, wrote in the legal filing. “The life expectancy of police officers is generally shorter, and police officers have a significantly higher average probability of death from specific diseases than did males in the general population. He has been preliminarily diagnosed with heart damage and may likely die at a younger age like many ex-law enforcement officers.”
The average sentence for second-degree murder is 12.5 years. But prosecutors have argued that the circumstances of Chauvin’s crime require consideration of a longer sentence.
Hennepin County Judge Peter Cahill has found that a longer sentence is warranted because Chauvin abused his authority as a police officer, Mr Floyd was killed as children as young as nine were nearby, Mr Floyd was “particularly vulnerable” as he was handcuffed, Chauvin handled the situation with “particular cruelty,” and because the other officers present acted as a group.
Mr Nelson is urging Judge Cahill to backtrack on that finding and give Chauvin a lower sentence than would usually be the case in a situation like this.
The lawyer wrote that Chavin didn’t know he was committing a crime. Mr Nelson argued that Chauvin had been “painted as a dangerous man” but that the former officer wasn’t an “average offender”. He had lived a "hard-working, law-abiding life", Mr Nelson noted, adding that Chauvin had no previous criminal record.
“Chauvin’s offence is best described as an error made in good faith reliance his own experience as a police officer and the training he had received—not intentional commission of an illegal act,” he wrote.
Mr Nelson also wrote that Chauvin received commendations, awards, and got high scores on his annual reviews during his 19 years as a police officer.
“Chauvin has also received thousands of letters of support since his arrest in 2020 from local and international communities,” the lawyer wrote.
Prosecutors also filed a motion on Wednesday, arguing for a 30-year sentence. In the legal filing from the state of Minnesota, prosecutors argued that the sentence, which would be twice as long as the higher end of the recommended sentencing range “properly account for the profound impact” of Chauvin’s actions.
The “defendant cruelly murdered Mr Floyd in public view. His actions traumatized Mr Floyd's family – Mr Floyd’s daughter, his siblings, his cousins, his aunts and uncles, his nephews and nieces. None of them will ever be able to see their beloved ‘Perry’ again,” prosecutors wrote.
Chauvin was convicted in April for second-and third-degree murder, in addition to second-degree manslaughter. He will only be sentenced for the most serious charge, second-degree murder. The recommended sentence is 12.5 years and ranges from 10.67 to 15 years.
Chavin’s sentencing is set for 25 June.
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State seeks 30 years for Chauvin; defense wants time served
