April 21, 2021 – It is now clear, the jury found Derek Chauvin Guilty on All Counts: convicted of second-degree unintentional murder, third-degree murder and second-degree manslaughter. The jurors deliberated a little more than 10 hours over two days before coming to their decision.
The Charges
The second-degree murder charge states Chauvin used his knee to assault Floyd and “unintentionally” caused Floyd’s death. The third-degree murder charge states Chauvin acted with a “depraved mind,”which culminated in Floyd’s death, and the manslaughter charge states that Chauvin’s “culpable negligence” caused George Floyd’s death.
Sentencing of Derek Chauvin
For his actions, Chauvin could face up to a maximum of 40 years in prison for second-degree murder, and up to 25 years for third-degree murder, in addition to a maximum of 10 years for manslaughter. According to Minnesota sentencing guidelines, it is recommended that the guilty party serve 12.5 years in prison for each murder charge, and about four years for the manslaughter charge. In the Floyd case, Prosecutors have asked for tougher sentencing than the sentencing guidelines provide. It will be up to the Judge to determine the actual sentencing which will most likely be appealed. The Judge will also determine any aggravating factors, such as withholding medical aid once the victim no longer had a pulse, or that minors were present when Chauvin snuffed out Floyd’s life before them. That could add additional time to Chauvin’s sentence in mid-June.
Time and Place for Sentencing
Chauvin’s sentencing is set for June – eight weeks from his conviction by a jury. It is already eleven months after Chauvin was seen on videos that circulated across the US and around the world displaying what appeared to be Chauvin’s callous indifference to snuffing out the life of George Floyd. The video evidence exhibited Chauvin casually kneeling on the neck of the handcuffed Floyd, pinning him between his knee and the ground, handcuffed and lying face down on the street. The pleas by Floyd to breathe went unheeded as seen by the video, for 9 minutes and 29 seconds on May 25, 2020. During that time, Floyd gasped for air, repeatedly exclaiming “I can’t breathe” to which he eventually succumb and died.
Police Stood Up For Policies that Delegitimized Chauvin’s Actions
A breaking with precedent of police covering for their own, including several police supervisors and use-of-force experts, including Minneapolis Police Chief Medaria Arradondo. Arrando criticized Chauvin’s continued kneeling, as excessive force, unreasonable under the circumstances, especially after Floyd passed out and stopped breathing – when he no longer had a pulse.
Medical Experts Made the Case for Prosecution
It was the expert opinions of five separate medical experts, explaining to the Jury that George Floyd died from lack of oxygen caused by Chauvin kneeling on the neck of Floyd, restricting his ability to get air – to breathe – which culminated in “positional asphyxia” – lack of oxygen resulting in his death.
Aiders and Abetters to Second Degree Murder or Manslaughter?
It will soon be seen how the other three officers will fare in the wake of their upcoming trials on August 23, and whether they will be seen as aiding and abetting Chauvin in the death of Floyd. The three officers, Tou Thao, J. Alexander Kueng, and Thomas Lane will each face two charges: aiding and abetting second-degree murder, which carries a maximum sentence of 40 years, although sentencing guidelines reduce aiding and abetting second degree murder to 15 years, in addition to aiding and abetting second-degree manslaughter carrying a maximum sentence of 10 years.
It is noteworthy that Chauvin’s defense was paid for by the Minnesota Police and Peace Officers Association – which will presumably be picking up the tab for the three former police officers also arrested and awaiting trial.
Civil Suits – Settled and Forthcoming
The Civil Suit by Floyd’s family by Benjamin Crump against the City of Minneapolis for Chauvin’s egregious actions, settled last month for $27 million dollars, while the civil suit against the three other former officers is pending the outcome of the criminal trial.
It is worthy to note, the Minneapolis taxpayers are in essence funding the settlement for bad policing with their own tax dollars – something which every resident of the City – including Floyd and his family – no doubt contributed.
To learn more about the charges and sentences, see our June 7, 2020 article, Here.
Mary Kay Elloian, MBA, JD, Esq.
The Legal Edition-Legal, Business & Policy News
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