Because the judge ruled there were aggravating factors in the murder of George Floyd, he is allowed to sentence Derek Chauvin to up to double the 15-year state guideline.
Saying that Derek Chauvin was “particularly cruel” for killing George Floyd slowly, the Minneapolis judge who oversaw Mr. Chauvin’s murder trial issued a ruling on Wednesday that could significantly increase the amount of time the former police officer spends behind bars. In the six-page opinion, Judge Peter A. Cahill said prosecutors had proven that Mr. Chauvin had abused his position of trust and authority, treated Mr. Floyd with particular cruelty, and committed his crime in the presence of children and with the active participation of at least three other people. The finding of what are known as aggravating factors allows Judge Cahill to sentence Mr. Chauvin to more than 15 years in prison, the longest punishment for second-degree murder under Minnesota’s sentencing guidelines. While state statutes allow the judge to sentence Mr. Chauvin to a maximum of 40 years, legal experts say it is highly unlikely that he will receive more than 30 years. Judge Cahill also ruled that prosecutors did not prove a fifth aggravating factor — that Mr. Floyd was particularly vulnerable because he was restrained and intoxicated with drugs. Still, the judge needed to find only one aggravating factor to allow him to sentence Mr. Chauvin beyond the 15-year guideline, said Ted Sampsell-Jones, a professor at Mitchell Hamline School of Law in St.
