Minnesota prosecutors argue Derek Chauvin must receive a harsh sentence because he showed 'particular cruelty' toward George Floyd
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Minnesota's attorney general has asked a judge to sentence Derek Chauvin beyond the normal range.
Chauvin, an ex-Minneapolis police officer, was recently convicted in the murder of George Floyd.
A court filing on Friday argued that Chauvin exhibited "particular cruelty" and abused his power.
Minnesota prosecutors on Friday requested in a court filing that ex-Minneapolis officer Derek Chauvin receive "an aggravated sentence" for the death of George Floyd.
The document, signed by Attorney General Keith Ellison, urged Hennepin County District Judge Peter Cahill to consider five "aggravating factors" warranting a punishment beyond the typical sentencing range.
Those five factors included Floyd's vulnerability, Chauvin's "particular cruelty," Chauvin's abuse of authority, the involvement of three other officers who "actively participated in the crime," and the presence of children.
Chauvin is scheduled to be sentenced in June. Typically, a defendant with Chauvin's conviction, and with no prior criminal record, would receive a sentence of 12.5 years in prison.
Floyd, an unarmed Black man, died on May 25 after Chauvin knelt on his neck for more than nine minutes during an arrest. Video of the arrest shows that Floyd repeatedly said he could not breathe.
Chauvin's "criminal conduct occurred while Mr. Floyd was in a vulnerable position on the ground: The evidence at trial showed that the officers handcuffed Mr. Floyd's arms behind his back and held him down in the prone position, with his chest against the pavement," Ellison wrote in the memo. "Defendant was trained that this position posed a significant risk of positional asphyxia."
Ellison also wrote that Floyd continued to "maintain his position" by kneeling on his neck "even as Mr. Floyd exclaimed 27 times that he could not breathe, and even as Mr. Floyd said that Defendant's actions were killing him."
Chauvin's defense attorney, Eric Nelson, filed his own memo on Friday disputing each of the five aggravating factors prosecutors named.
Nelson argued that Floyd was not "particularly vulnerable," Chauvin did not exhibit "particular cruelty," and the other officers accused of "actively" participating have not been convicted. He also argued that the presence of a child and Chauvin's alleged abuse of authority were not considered aggravating factors.
Chauvin faces up to 40 years in prison for the second-degree murder charge. He also faces up to 25 years for the third-degree murder charge and up to 10 years for second-degree manslaughter. Because Chauvin was convicted of all charges, he will be sentenced on the top charge of second-degree murder.
Ellison also wrote that Chauvin didn't respect the "sanctity of life" or "serve with compassion," as dictated by the policies of the Minneapolis Police Department.
"Defendant thus did not just inflict physical pain. He caused Mr. Floyd psychological distress during the final moments of his life, leaving Mr. Floyd helpless as he squeezed the last vestiges of life out of Mr. Floyd's body," Ellison wrote in the memo.
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