Convicted of murder, Derek Chauvin faces up to 30 years in prison

From our correspondent in the United States,

He blinked, looking left to right. After three weeks on his trial for the murder of George Floyd, Derek Chauvin listened to Judge Cahill read the jury’s verdict on each of the charges on Tuesday afternoon. 2nd degree unintentional murder: “ guilty “. 3rd degree murder: “ guilty ». Manslaughter : “ guilty ».

Here is the moment the judge announced the verdict, with Derek Chauvin unmoved as the judge repeats “GUILTY” for all 3 charges:
– 2nd degree murder: guilty
– 3rd degree murder: guilty
– manslaughter: guilty#ChauvinTrial #GeorgeFloyd pic.twitter.com/JQBekx5uhg

– Philippe Berry (@ptiberry) April 20, 2021

The judge dismisses the jury, which unanimously agreed on this verdict in less than a day. Behind his surgical mask, the ex-policeman remains impassive. His lawyer, Eric Nelson, slips a word to him. He nods. A deputy sheriff handcuffs him. His bail is suspended. Tuesday evening, a little less than a year after the death of George Floyd, Derek Chauvin was to sleep in prison. And, as Vice President Kamala Harris noted, the city of Minneapolis breathed “a sigh of relief.” Even if this is only “a first step” in the fight against racial injustices, insisted Joe Biden.

Up to 30 years in prison with aggravating factors

Derek Chauvin will be fixed on his sentence in eight weeks. In his case, the sentences for a single crime are not cumulative. In Minnesota, the judge must follow an official sentencing schedule. Because he has no history and was convicted of the “unintentional” version of 2nd degree murder, a charge relatively close to “willful violence resulting in death without intent to give” in France, Derek Chauvin faces between 10 and 15 years in prison.

The penalty could however be heavier, “up to double the top of the range, or 30 years”, specifies 20 Minutes attorney Ted Sampsell-Jones, professor of law at Mitchell Hamline University in Minnesota.

Over the next two weeks, the prosecution will have to justify its request. The prosecutor in particular listed the “vulnerability” of George Floyd, deprived of oxygen while he was handcuffed and no longer resisted after five minutes, as well as the presence of minors among the witnesses to his murder. Most often, it is a jury which is responsible for ruling on these aggravating circumstances, but Derek Chauvin waived his right, asking the judge to rule.

A penalty undoubtedly “at the top of the range”

Judge Cahill is known to be “tough but fair”. In 2019, he sentenced a figure skating coach to 24 years in prison for sexual abuse of a minor, while the grid recommended 12 years. Such a decision must be carefully justified, as it may be subject to appeal. According to Ted Sampsell-Jones, the defense will probably ask for 12.5 years, and the prosecutor should ask for the maximum of 30 years – even up to 40 years, but it is unlikely here. Taking all the elements into account, the lawyer is betting on a “high end” sentence of between 20 and 25 years.

In Minnesota, an inmate can be granted probation after serving two-thirds of their sentence, such as after 16 years for a 24-year sentence. These calculations will be for later. Tuesday evening, lawyer Ben Crump, surrounded by the family of George Floyd, welcomed a “victory for those who fight for justice against injustice.” We leave Minneapolis knowing America is better ”.