Derek Chauvin's lawyers seek probation for George Floyd murder, claiming he's guilty of 'error made in good faith'

The then-police officer was captured on video kneeling on the neck of unarmed black man George Floyd for more than nine minutes until he passed out and died, while ignoring the victim's pleas for air and help.

Former Minneapolis police officer Derek Chauvin listens as the verdict is read in his trial for the 2020 death of George Floyd, Tuesday, 20 April, 2021.

Former Minneapolis police officer Derek Chauvin listens as the verdict is read in his trial for the 2020 death of George Floyd, Tuesday, 20 April, 2021. Source: AAP

Prosecutors have asked a US judge to sentence the white former police officer convicted of murdering George Floyd, an unarmed black man whose death last year sparked nationwide protests, to 30 years in prison.

Attorneys for the Minneapolis officer, Derek Chauvin, on Wednesday countered with a far different request - a sentence of time served and probation, claiming that their client was guilty of "an error made in good faith."

In court documents sent ahead of the 25 June sentencing hearing, prosecutors in Minnesota called actions by the 45-year-old Chauvin an "egregious abuse" of his position.

They said his conduct "was also particularly cruel."
A mural of George Floyd is shown on the anniversary of his death on 25 May, 2021 in Atlanta, Georgia.
A mural of George Floyd is shown on the anniversary of his death on 25 May, 2021 in Atlanta, Georgia. Source: Getty Images
Prosecutors recalled that Judge Peter Cahill had ruled there were four aggravating factors in the case, allowing him to depart from state sentencing guidelines and clearing the path for a tough sentence.

Chauvin was captured on video kneeling on the neck of the 46-year-old Mr Floyd - suspected of using a counterfeit bill - for more than nine minutes until he passed out and died on 25 May, 2020, while ignoring the victim's pleas for air and help.

The video of Mr Floyd's death, which went viral, sparked huge protests across the United States and around the world against racism and police violence.

After a trial lasting several weeks, Chauvin was convicted of murder on 20 April and immediately jailed.
The most serious charge that he was convicted of - second-degree murder - carries a maximum sentence of 40 years in prison.

As a first-time offender, Chauvin had potentially faced 12 and a half years in prison on that count under the guidelines, but the aggravating factors mean the judge can opt for a longer jail term.

Lawyers for Chauvin said he was seeking "a probationary sentence with an incarceration period of time served."

As an alternative, Chauvin "respectfully requests that the court grant him a downward durational departure," or a sentence lower than what the guidelines suggest, his lawyer Eric Nelson wrote.
Black Lives Matter supporters hold placards on the Brooklyn Bridge on the first anniversary of George Floyd's death on 25 May, 2021 in New York City.
Black Lives Matter supporters hold placards on the Brooklyn Bridge on the first anniversary of George Floyd's death on 25 May, 2021 in New York City. Source: Corbis News via Getty Images
Aside from the "long-term damage a prison sentence would inflict upon Mr Chauvin's life prospects, given his age, convictions for officer-involved offences significantly increase the likelihood of him becoming a target in prison," Mr Nelson wrote.

Chauvin "was unaware that he was even committing a crime," he wrote, adding: "In fact, in his mind, he was simply performing his lawful duty in assisting other officers in the arrest of George Floyd."

"Mr Chauvin's offence is best described as an error made in good faith... not intentional commission of an illegal act," the lawyer said.

Chauvin also faces separate federal civil rights charges in connection with Mr Floyd's death.


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3 min read
Published 3 June 2021 11:04am
Source: Reuters, SBS

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