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Derek Chauvin is now in custody, awaiting sentencing. Esme Murphy details what the judge will take into consideration as he decides how long Chauvin will spend behind bars (2:00) WCCO 4 News At 5 - April 21, 2021
FRANK VASCELLARO: Derek Chauvin is now in custody awaiting sentencing. Esme Murphy details what the judge will take into consideration as he decides how long Chauvin will spend behind bars.
JUDGE PETER CAHILL: We the jury, in the above entitled manner, as to count one-- unintentional second degree murder while committing a felony-- find the defendant guilty.
ESME MURPHY: Now that Derek Chauvin is convicted, under Minnesota's sentencing guidelines, he faces 12 and 1/2 years in prison. But the prosecution has asked the judge to consider aggravating factors which would allow judge Peter Cahill to impose a sentence of up to 40 years.
What exactly are aggravating factors?
JOE TAMBURINO: It's a factor, or factors, that makes this case, or any given case, worse than other similar cases.
ESME MURPHY: Aggravating factors in this case are-- whether Chauvin abused his position of authority, did he treat George Floyd with particular cruelty, and were children present. Testimony showed two 17-year-olds and a nine-year-old witnessed Floyd's killing.
No one disputes that a child was present. Is that just a slam dunk there?
JOE TAMBURINO: Yes. Because that's what the attorney general's office called those witnesses. We know of for a fact that there were kids present at the time of the crime.
ESME MURPHY: So what does this conviction mean for the other former officers involved? If Chauvin had been acquitted the charges against Tou Thao, Thomas Lane and J. Alexander Kueng could have been dropped. All three are charged with aiding and abetting Chauvin in committing second degree unintentional murder and second degree manslaughter.
At his news conference after the verdict, Attorney General Keith Ellison made it clear that the trial against the other three former officers will go forward. That trial is scheduled to start on August 23rd. Esme Murphy, WCCO for news.
FRANK VASCELLARO: Judge Peter Cahill is expected to formally sentence Chavin in about eight weeks. Eric Nelson and the attorneys for the other three officers declined to comment today.