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The Canadian press

Prosecutors are calling for a higher sentence for chauvin in Floyd’s death

MINNEAPOLIS – Prosecutors are urging a judge to give Derek Chauvin a more severe sentence than state guidelines if convicted of George Floyd’s death in June. Court documents filed on Friday argued that Floyd was particularly vulnerable and that Chauvin exercised his authority as a police officer. Defense attorney Eric Nelson opposed a tougher sentence, saying the state had failed to demonstrate these aggravating factors included when Chauvin arrested Floyd on May 25. The white chauvin was convicted of accidental second degree murder, third degree murder, and second degree homicide last week for holding his knee against Floyd’s neck for 9 1/2 minutes when the black man said he could not breathe and became motionless . Although found guilty on three counts, he is only convicted of the most serious second degree murder under Minnesota law. While that count includes a maximum sentence of 40 years, experts say he won’t get that much. The prosecutors did not specify how much time they would look for chauvin. Under Minnesota sentencing guidelines, the alleged sentence for accidental second degree murder for someone with no criminal record like chauvin would be 12 1/2 years. Judges can sentence someone to as little as 10 years and eight months, or up to 15 years, and still be in the range of the counseling guidelines. To go beyond that, Judge Peter Cahill would have to determine that there are “aggravating factors” and even if those are found, legal experts have said that chauvin is unlikely to be more than 30 years old should be convicted above the policy area, as Floyd in particular was vulnerable because his hands were cuffed behind his back when he was face down on the floor and that he was drunk. They found that Chauvin held his position even after Floyd stopped responding and officers knew he had no pulse. Prosecutors also said Chauvin treated Floyd with particular cruelty during the long reluctance. Chauvin caused Floyd and the bystanders free pain and caused him psychological problems. “The Defendant maintained his position on Mr. Floyd even when Mr. Floyd yelled that he was in pain, even when Mr. Floyd exclaimed 27 times that he could not breathe, and even when Mr. Floyd said the defendant’s actions made him Prosecutors wrote. They added that he remained in position when Floyd yelled for his mother, stopped speaking and passed out. “So the defendant wasn’t just causing physical pain. He was causing Mr. Floyd in the mental health problems last moments of his life and left Mr. Floyd helpless as he pushed the last traces of life out of Mr. Floyd’s body, “prosecutors wrote. They also said that Chauvin was abusing his position of authority as a cop, his crime as part of one Group of three or more and that he held Floyd in the presence of children – including a 9-year-old girl who testified in court that s watching the reluctance to make her “sad and kind of crazy”. Nelson disagreed and wrote, “Mr. Chauvin entered the officers’ meeting with Mr. Floyd with legal authority to obtain the lawful arrest of an actively resisting criminal suspect. Mr. Chauvin was empowered under Minnesota law to use appropriate force to do this. “Nelson said Floyd was not particularly vulnerable and was a great man who struggled with officers. He wrote that courts usually found particular vulnerability when victims are young or perhaps asleep when a crime occurs. Nelson also said Floyd was not treated with particular cruelty and there was no evidence that the attack by Chauvin involved unfounded pain not normally associated with second degree murder. “Mr. Floyd’s attack happened in a very short time, with no threats or ridicule such as pointing a gun to the head and pulling the trigger … and ended when EMS finally responded to the officers’ calls.” Nelson wrote: He also said the state has not proven that any of the other officials were actively involved in the crime for which Chauvin was convicted. These officials are due to be tried in August for aiding and abetting. He also wrote that the presence of the number of children in this case is different from the cases where children may witness a crime in a house and not be able to walk. And he said the state hadn’t proven Chauvin’s role as a cop was an aggravating factor, saying that Floyd’s The Fight with the Officers showed that Chauvin’s authority was irrelevant to Floyd. Cahill said he will review the attorneys’ written arguments before determining if there are aggravating factors that would warrant a tougher sentence after Chauvin in Minnesota assumed that a well-behaved defendant would receive two-thirds of the sentence in jail and the rest on supervised release, serving what is commonly known as parole. ___ For AP’s full coverage of George Floyd’s death, please visit: Amy Forliti, The Associated Press