Derek Chauvin has made a bid to have his *ris*n time limited to time served and sit out the rest of any sentence on probation, DailyMail.com has learned. Chauvin’s attorney Eric Nelson fil-ed a motion with Hennepin County District Court on Wednesday, in which he asked Judge Peter Cahill to hand down the lenient terms when he sentences Chauvin on June 25.
In the document seen by DailyMail.com, Nelson ar*ued that Chauvin deserves a probationary sentence or ‘downward d!par*ure’ from the presumptive p!is*n term he could face for the m****r of George Floyd, 46. Nelson ass-ert-ed that Chauvin merely committed an ‘*r*or’ when he pre-ssed his knee into Floyd’s neck for over nine minutes during an arr-est in May 2020 – and said his client did not believe his act-ions were c*mi*al.
Just moments after Chauvin’s lawyer filed his motion the State h** back and filed one of their own, asking for the judge to deliver the maximum prison term possible and put Chauvin away for 30 years.
Attorney General Keith Ellison reminded the judge that he had already found there to be four ag!ravat*ng sentencing factors: that the defendant a*used a position of trust and authority, acted with particular c!ue-lty, acted in concert with three other individuals who all actively participated in the cr*** and co*mit*ed the off-ense in the presence of children.
According to Ellison, Chauvin’s act was not just an a*** of his position, but an ‘!gregi!us a**se,’ as well as ‘particularly !ruel.’ Floyd begged for his life, he noted, and, ‘was obviously ter-rified by the knowledge that he was likely to d**.’
In light of this, Ellison arg-ued, the court, ‘should order a sentence that is “twice the upper end of the presumptive sentencing range.”’ As it stands Chauvin, 45, could be looking at more than 15 years in j-ail for the second-degree m****r conviction. The presumptive sentence in Minnesota is 12 and a half years. But Judge Cahill has already found in favor of all four agg-rava-ting factors brought by the prosecution in their bid to secure an ‘upward departure’ in sentencing.
Now, Nelson has argued that Chauvin is ‘the product of a bro*en system,’ and that he should be sentenced leniently as a result. Chauvin is being held in solitary confinement in the maximum security facility of Oak Park Heights.
In his motion Nelson pointed to this as ev!de!ce of safety concerns and proof of the the fact that ‘officer-involved offe-nses significantly increase the likelihood of him becoming a target in pri*on’. According to Nelson, Chauvin is ‘not the average off-ender.’ He stated, ‘Prior to this i!cident Mr Chauvin led a ha*d-working, law-abiding life, and has experienced no legal i!sus.’ His c**inal record score at his Pre Sentence Investigation was zero.
More than that, he has cla-imed that Chauvin, ‘was not even aware that he was committing a cr***.’ Nelson wrote, ‘In his mind he was simply performing his lawful duty in assisting other officers in the arr-est of George Floyd. Mr Chauvin’s is not a typical case in which a person commits an ass-ault that results in the d*** of another.
‘As is clear from Mr Chauvin’s actions had he believed he was committing a cr***, as a licensed police officer, Mr Chauvin simply would not have done so.’ In a provocative move Nelson atte-mpted to minimize the c*** of which Chauvin was convicted stating, ‘Mr Chauvin’s offense is best described as an er*or made in good faith reliance his own s!c experience as a police officer and the training he had received – not intentional commission of an ill-egal act.’
Later he noted that the court found that Floyd was, ‘not a particularly vulnerable v*cti*,’ and described the 9minutes 29 second during which Chauvin kept his knee on Floyd’s neck as ‘a very short time,’ that, ‘involved no thre-ats or taunting, such as putting a gun to his head and pulling the trigger and ended when EMS finally responded to officers’ calls.’
In the eyes of the public, Nelson argued, ‘Chauvin has been reduced to this in!ident, and has been painted as a dan-ger-ous man…However, behind the politics, Mr Chauvin is still a human being.’ Before Floyd’s d*** Chauvin was a ‘husband, stepfather, uncle, brother and son.’ According to Nelson he continues to enjoy a close relationship with his family and, although they div-orced, Nelson states that he is ‘still supported by his ex-wife.’
Nelson also noted that, at 45, Chauvin has been dia-gno-sed with heart damage and ‘may likely d** at a younger age like many ex-law enf*rcem-ent officers.’
But he went onto describe Chauvin’s age as a ‘substantial and compelling factor,’ in his bi* for a probationary sentence as, ‘he still has the ability to positively impact his family and comm-unity.’ Judge Cahill will hand down his sentence at a hearing on June 25. The twin motions from the defense and the prosecution came a day after Chauvin appeared in federal court from prison via video-link to face charges for vi*lati*g Floyd’s civil rights.
Chauvin was asked by the judge whether he understood that he could leg-ally contest his being held in detention on the federal charges, while the trial continued.
‘In light of my current *irc!mstan-ces, I believe that would be a moot point,’ Chauvin replied. The judge said the next step was Chauvin being formally arraigned, and said a date would be is-sue-d soon. The federal charges allege Chauvin vi*lat*d Floyd’s rights as he restra-ined him face-down while he was handc-uffed, not resisting and gas*ing for air.
Three other former officers – J. Kueng, Thomas Lane and Tou Thao – face similar federal charges. Chauvin is also charged in a separate ind-ictment alleging he violated the rights of a 14-year-old boy in 2017.