Finally! I hope that other officers take note and that this is the start of a change which should have begun a long time ago. I wish peace for George’s family.
Each count carries a different maximum sentence: 40 years for second-degree unintentional murder, 25 years for third-degree murder, and 10 years for second-degree manslaughter.
But under Minnesota sentencing guidelines, for a person with no criminal history, each murder charge carries a presumptive sentence of 12 1/2 years in prison, while manslaughter has a presumptive sentence of four years.
Prosecutors are seeking a sentence that goes above the guideline range. They cited several aggravating factors, including that Floyd was particularly vulnerable, that Chauvin was a uniformed police officer acting in a position of authority, and his alleged crime was witnessed by multiple children - including a 9-year-old girl who testified that watching the restraint made her "sad and kind of mad."
Chauvin has waived his right to have a jury decide if aggravating factors exist. So if he is convicted, Judge Peter Cahill will make that decision and would sentence Chauvin at a later date. In Minnesota, defendants typically serve two-thirds of their penalty in prison, with the rest on parole.
That's my understanding. Not sure if they can be served back to back for all three counts or if they will be concurrent. I think it was 40 years, 25 years, 10 years.
That's my understanding. Not sure if they can be served back to back for all three counts or if they will be concurrent. I think it was 40 years, 25 years, 10 years.
Unless the judge finds aggravating factors he’s unlikely to get more than the 12.5. MN actually has reformed sentencing guidelines to lower mandatory minimums.
We have about 1/3 the prison population as WI, which is about the same size population. (When I clerked for a judge, we toured several prisons.)
That's my understanding. Not sure if they can be served back to back for all three counts or if they will be concurrent. I think it was 40 years, 25 years, 10 years.
He’ll never serve close to this and the three crimes “merge” into each other so it would be concurrent or no sentence on the lesser convictions.
That's my understanding. Not sure if they can be served back to back for all three counts or if they will be concurrent. I think it was 40 years, 25 years, 10 years.
Concurrent is the general rule but they can be ordered consecutive.
Why so long until sentencing? Any specific reason?
They have to do pre-sentence reports and the Judge has to decide what they call in MN the Blakely factors—basically if Chauvin’s sentence should be increased for certain reasons, like the crimes were committed in front of children. It’s why the children testified.
I think it was fear...knowing he was going to a place where his kind...dirty white cops...aren't taken too kindly to.
I was wondering about this. Will he get any protection, I hope he doesn’t, but I’m guessing he will?
He will. MN will exchange him with a prisoner from another state or a federal prison. And if needed in the new place he’ll be in protective custody too.
Noor—the former officer convicted of killing Justine Damond—is out of state too. This is common for all kinds of reasons—to split up gangs, protect child molesters, etc.