Chauvin seeks lighter sentence for Floyd death

The lawyer for Derek Chauvin, who was convicted of second-degree murder and second-degree manslaughter for killing George Floyd, has asked a judge to sentence him to probation or a shorter prison term than suggested by Minnesota guidelines.

In a motion filed Wednesday in Minneapolis, about three weeks before Chauvin's sentencing hearing,Eric Nelson cited Chauvin's lack of previous criminal history, his previous work as a police officer, the risk he could be victimized in prison and that a police officer's life expectancy is shorter than a civilian's as factors the judge should consider as he weighs a sentence.

Prosecutors asked for a sentence of 30 years for the convicted former Minneapolis officer, a term they said would "properly account for the profound impact of [Chauvin's] conduct on the victim, the victim's family, and the community".

Chauvin was convicted for pressing his knee against Floyd's neck for about 9 1/2 minutes as the black man said he couldn't breathe and went motionless. Floyd's death, captured on widely seen bystander video, set off demonstrations around the United States and beyond as protesters demanded changes in policing.

Even though Chauvin was found guilty of three counts, he will only be sentenced on the most serious one — second-degree murder. Under Minnesota sentencing guidelines, with no criminal record he faces a presumptive sentence of 12 1/2 years on that count. Hennepin County Judge Peter Cahill can sentence him to as little as 10 years and eight months or as much as 15 years and stay within the guideline range.

Mark Osler, a former federal prosecutor and now a professor at the University of St. Thomas School of Law, told The Associated Press that it is not unusual for attorneys to make such requests as a sort of "opening offer". He said there is zero chance that Chauvin will get probation and prosecutors are also unlikely to get the 30 years they are requesting.

Chauvin is scheduled to be sentenced June 25. Cahill previously ruled there were aggravating factors in Floyd's death. That gives him the discretion to sentence Chauvin above the range recommended by state guidelines, which top out at 15 years.

Cahill found that Chauvin acted with particular cruelty because he killed Floyd slowly despite Floyd's pleas that he couldn't breathe. Floyd was "begging for his life and obviously terrified by the knowledge that he was likely to die" but Chauvin "objectively remained indifferent to Floyd's pleas", Cahill wrote.

The motion was filed on Wednesday, about three weeks before Chauvin's sentencing hearing.

"Chauvin's age weighs in his favor when determining a sentence," his attorney, Nelson, wrote in the legal filing. "The life expectancy of police officers is generally shorter, and police officers have a significantly higher average probability of death from specific diseases than did males in the general population. He has been preliminarily diagnosed with heart damage and may likely die at a younger age like many ex-law enforcement officers."

The average sentence for second-degree murder is 12.5 years. But prosecutors have argued that the circumstances of Chauvin's crime require consideration of a longer sentence.

Hennepin County Judge Peter Cahill has found that a longer sentence is warranted because Chauvin abused his authority as a police officer, Floyd was killed as children as young as nine were nearby, Floyd was "particularly vulnerable" as he was handcuffed, Chauvin handled the situation with "particular cruelty," and because the other officers present acted as a group.