A Minneapolis judge denied former cop Derek Chauvin’s request for a new trial hours before he is to be sentenced for murder in the death of George Floyd.
Hennepin County Judge Peter Cahill wrote that Chauvin’s lawyer failed to show that Cahill committed errors that deprived Chauvin of a fair trial or that prosecutors engaged in misconduct. The judge also denied the defense’s request for a hearing on jury misconduct.
Chauvin was convicted in April of second-and third-degree murder, as well as second-degree manslaughter. Under Minnesota laws, he can be sentenced only on the most serious charge: unintentional second-degree murder, which has a maximum sentence of 40 years.
Prosecutors have asked the judge to sentence Chauvin to 30 years in prison. Chauvin’s lawyer is asking the judge to sentence him to probation, with time served in jail since last year.
The presumptive sentence for a person like Chauvin, who had no criminal history, under Minnesota sentencing guidelines is 12½ years for second-degree murder.
Chauvin held his knee on Floyd’s neck, as he said he can’t breathe, for more than nine minutes, while detaining him on May 25, 2020 on suspicion of using a counterfeit bill for a purchase, as three other Minneapolis cops stood by.
The three other cops involved in Floyd’s arrest, Tou Thao, J. Alexander Keung and Thomas Lane, were fired from the police force and charged with aiding and abetting murder and manslaughter. Their trial is scheduled to begin next March.