{"id":13041,"date":"2021-06-25T19:07:14","date_gmt":"2021-06-25T19:07:14","guid":{"rendered":"http:\/\/cryptospotters.net\/?p=13041"},"modified":"2021-06-25T19:07:14","modified_gmt":"2021-06-25T19:07:14","slug":"chauvin-could-face-decadeslong-sentence-in-floyds-death","status":"publish","type":"post","link":"http:\/\/cryptospotters.net\/?p=13041","title":{"rendered":"Chauvin could face decadeslong sentence in Floyd&#8217;s death"},"content":{"rendered":"<p>Source: Politics<\/p>\n<p>MINNEAPOLIS \u2014 Former Minneapolis police Officer <a href=\"https:\/\/apnews.com\/article\/american-protests-us-news-ap-top-news-police-mn-state-wire-8b486c2622de5504f1e65a606b0eac7f\">Derek Chauvin<\/a> learns his sentence Friday for murder in <a href=\"https:\/\/apnews.com\/article\/george-floyd-profile-66163bbd94239afa16d706bd6479c613\">George Floyd&#8217;<\/a> s death, closing a chapter in a case that sparked global outrage and a reckoning on racial disparities in America.<\/p>\n<p>Chauvin, 45, faces decades in prison, with several legal experts predicting a sentence of 20 to 25 years. Though Chauvin is widely expected to appeal, he also still faces trial on federal civil rights charges, along with three other fired officers who have yet to have their state trials.<\/p>\n<p>The concrete barricades, razor wire and National Guard patrols that shrouded the county courthouse for Chauvin&#8217;s three-week trial are gone, and so is most of the tension in the city <a href=\"https:\/\/apnews.com\/article\/derek-chauvin-convicted-george-floyd-killing-d93d1f9fc61a5261e179240dc16924dc\">as it awaited a verdict in April<\/a>. Still, there&#8217;s a recognition that Chauvin&#8217;s sentencing will be another major step forward for a city that has been on edge since Floyd&#8217;s death on May 25, 2020.<\/p>\n<p>\u201cBetween the incident, the video, the riots, the trial \u2014 this is the pinnacle of it,\u201d Mike Brandt, a local defense attorney who has closely followed Chauvin&#8217;s case, said. \u201cThe verdict was huge too, but this is where the justice comes down.\u201d <\/p>\n<p>Chauvin was convicted of second-degree unintentional murder, third-degree murder and second-degree manslaughter for pressing his knee against Floyd\u2019s neck for about 9 1\/2 minutes as the Black man said he couldn\u2019t breathe and went limp. Bystander video of Floyd&#8217;s arrest for suspicion of passing a counterfeit $20 bill prompted protests around the world and a nationwide reckoning on race and police brutality. <\/p>\n<p>Before the sentencing hearing Friday, Judge Peter Cahill denied Chauvin&#8217;s request for a new trial, saying defense attorney Eric Nelson has not shown that the court abused its discretion or that there was any prosecutorial misconduct that would have deprived Chauvin of his right to a fair trial. Nelson argued that intense publicity around Floyd\u2019s death tainted the jury pool and that the trial should have been moved away from Minneapolis. <\/p>\n<p>Cahill also rejected Nelson\u2019s request for a hearing into possible juror misconduct, saying Nelson failed to show there was any juror misconduct or that a juror gave false testimony during questioning. Nelson had accused juror Brandon Mitchell of not being candid during jury selection because he didn\u2019t mention his participation in a march last summer to honor the Martin Luther King Jr. Prosecutors countered that Mitchell had been open about his views in a jury questionnaire and during the questioning of potential jurors.<\/p>\n<p><a href=\"https:\/\/apnews.com\/article\/derek-chauvin-sentencing-what-to-know-93e2176551f3a73e85fd9b78c63457b9\">Under Minnesota statutes<\/a>, Chauvin will be sentenced only on the most serious charge, which has a maximum sentence of 40 years. But case law dictates that a 30-year sentence would be the <a href=\"https:\/\/apnews.com\/article\/death-of-george-floyd-28fa08c9c74903a7d1a0f1adcf6e65f2\">practical maximum sentence<\/a> Cahill could impose without risk of being overturned on appeal. <\/p>\n<p>Prosecutors asked for 30 years, saying Chauvin\u2019s actions were egregious and \u201cshocked the nation\u2019s conscience.\u201d Nelson requested probation, saying Chauvin was the product of a \u201cbroken\u201d system and \u201cbelieved he was doing his job.\u201d<\/p>\n<p>Cahill has already found that <a href=\"https:\/\/apnews.com\/article\/george-floyd-death-of-george-floyd-78a698283afd3fcd3252de512e395bd6\">aggravating factors in Floyd\u2019s death<\/a> warrant going higher than the 12 1\/2-year sentence recommended by the state&#8217;s sentencing guidelines. The judge found Chauvin abused his position of authority, treated Floyd with particular cruelty, and that the crime was seen by several children. He also wrote that Chauvin knew the restraint of Floyd was dangerous.<\/p>\n<p>\u201cThe prolonged use of this technique was particularly egregious in that George Floyd made it clear he was unable to breathe and expressed the view that he was dying as a result of the officers\u2019 restraint,\u201d Cahill wrote last month.<\/p>\n<p>Attorneys on both sides are expected to make brief arguments Friday. Floyd&#8217;s family members \u2014 including his brother Philonise, his brother Terrence and his nephew Brandon Williams \u2014 <a href=\"https:\/\/apnews.com\/article\/george-floyd-family-chauvin-sentencing-hearing-ee0ef3082d07b08b1d4d3efbb1eaea8a\">will give statements in court. <\/a><\/p>\n<p>Ben Crump, an attorney who has represented Floyd\u2019s family, said family members were feeling \u201canxious and tense\u201d ahead of the sentencing.<\/p>\n<p>\u201cTo us, George Floyd is a cause. He\u2019s a case; he\u2019s a hashtag. To them &#8212; that\u2019s their flesh and blood. You know, that that\u2019s their brother,\u201d Crump said.<\/p>\n<p>Chauvin can also make a statement, but it\u2019s not clear if he will. Experts say it could be tricky for Chauvin to talk without implicating himself in the pending federal case accusing him of violating Floyd\u2019s civil rights.<\/p>\n<p>Chauvin chose not to testify at his trial. The only explanation the public has heard from him came from body-camera footage in which he told a bystander at the scene: \u201cWe got to control this guy \u2019cause he\u2019s a sizable guy &#8230; and it looks like he\u2019s probably on something.\u201d<\/p>\n<p>Several experts said they doubted Chauvin would take the risk and speak, but Brandt thought he would. He said Chauvin could say a few words without getting himself into legal trouble.<\/p>\n<p>\u201cI think it&#8217;s his chance to tell the world, &#8216;I didn&#8217;t intend to kill him,&#8217;\u201d Brandt said. &#8220;If I was him, I think I would want to try and let people know that I\u2019m not a monster.\u201d<\/p>\n<p>Several people interviewed in Minneapolis days before Chauvin&#8217;s sentencing said they want to see a tough sentence.<\/p>\n<p>Thirty years \u201cdoesn&#8217;t seem like long enough to me,\u201d said Andrew Harer, a retail worker who is white. \u201cI would be fine if he was in jail for the rest of his life.\u201d<\/p>\n<p>Joseph Allen, 31, who is Black, said he thinks Chauvin should receive \u201cat least\u201d 30 years, and said he&#8217;d prefer a life sentence. He cited nearly 20 complaints filed against the now-fired officer during his career. <\/p>\n<p>Allen said he hopes other police officers can learn \u201cnot to do what Derek Chauvin did.\u201d <\/p>\n<p>Nekima Levy Armstrong, a civil rights attorney and activist, called for Chauvin to be sentenced \u201cto the fullest extent of the law.&#8221; She called Floyd&#8217;s death \u201ca modern day lynching\u201d and predicted community outrage if Chauvin is sentenced lightly.<\/p>\n<p>When asked if she would like to hear Chauvin speak, Levy Armstrong said: \u201cFor me as a Black woman living in this community, there\u2019s really nothing that he could say that would alleviate the pain and trauma that he caused &#8230; I think that if he spoke it would be disingenuous and could cause more trauma.&#8221; <\/p>\n<p>Crump also said he wanted to see a sentence above what is typically given for a second-degree murder conviction.<\/p>\n<p>\u201cThere was nothing typical about what Derek Chauvin did in torturing George Floyd to death,\u201d Crump said. \u201cSo we don\u2019t expect it to be a typical sentence. It needs to be a sentence that sets a new precedent for holding police officers accountable for the unjustifiable killings of Black people in America.\u201d<\/p>\n<p>No matter what sentence Chauvin gets, he&#8217;s likely to serve only about two-thirds behind bars presuming good behavior. The rest would be on supervised release.<\/p>\n<p>He&#8217;s been held since his conviction at the state&#8217;s only maximum security prison, in Oak Park Heights. The former officer is held away from the general population for his safety, in a 10-by-10-foot cell, with meals brought to his room. He is allowed out for solitary exercise for an hour a day.<\/p>\n<p>It&#8217;s not clear if Chauvin will remain there. State prisons officials said that decision wouldn&#8217;t be made until after Cahill&#8217;s formal sentencing order.<\/p>\n<p>Chauvin and the three other officers involved in Floyd\u2019s arrest are awaiting trial in federal court on charges of violating Floyd\u2019s civil rights. No trial date has been set.<\/p>\n<p>The three other officers are also scheduled for trial in March on state charges of aiding and abetting both murder and manslaughter.<\/p>\n<p><a href=\"https:\/\/www.politico.com\/news\/2021\/06\/25\/derek-chauvin-sentencing-496289\">Read More<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Source: Politics MINNEAPOLIS \u2014 Former Minneapolis police Officer Derek Chauvin learns his sentence Friday for murder in George Floyd&#8217; s death, closing a chapter in a case that sparked global&hellip; <\/p>\n","protected":false},"author":0,"featured_media":13042,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[6],"tags":[],"_links":{"self":[{"href":"http:\/\/cryptospotters.net\/index.php?rest_route=\/wp\/v2\/posts\/13041"}],"collection":[{"href":"http:\/\/cryptospotters.net\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/cryptospotters.net\/index.php?rest_route=\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"http:\/\/cryptospotters.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=13041"}],"version-history":[{"count":0,"href":"http:\/\/cryptospotters.net\/index.php?rest_route=\/wp\/v2\/posts\/13041\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"http:\/\/cryptospotters.net\/index.php?rest_route=\/wp\/v2\/media\/13042"}],"wp:attachment":[{"href":"http:\/\/cryptospotters.net\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=13041"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/cryptospotters.net\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=13041"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/cryptospotters.net\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=13041"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}