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Judge: 'Aggravating Factors' Proven in Chauvin Trial

Judge: 'Aggravating Factors' Proven in Chauvin Trial”

The multi-diocesan effort will include pre-recorded liturgy, messages and music, including a prayer of lament filmed in George Floyd Square in Minneapolis, Minnesota, where then-police officer Derek Chauvin killed Floyd by kneeling on his neck for over 9 minutes on May 25, 2020.

Cahill, in a ruling made public on Wednesday, said Chauvin had abused his "position of trust and authority" as a police officer.

Chauvin's defence argued that the aggravating factors were unproved and that the defendant was legally authorised to use reasonable force. Chauvin's sentencing is now set to take place in June.

In this image from video, Hennepin County Judge Peter Cahill discusses motions before the court in the trial of former Minneapolis police officer Derek Chauvin, at the Hennepin County Courthouse in Minneapolis, Minn., on April 15, 2021.

The most serious charge that Chauvin was convicted of - second-degree murder - carries a maximum sentence of 40 years in prison. "Both sides will argue on whether a departure is appropriate, and how long it should be".

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Cahill also agreed with prosecutors that Chauvin had been "particularly cruel" to Floyd, ignoring his cries for breath during his lengthy restraint. "The State therefore respectfully requests that the Court find the facts necessary to support the existence of these five aggravating factors, and that the Court impose an aggravated sentence on that basis", prosecutors said in the filing. "Mr. Floyd was begging for his life and obviously terrified by the knowledge he was likely to die", Cahill wrote, adding that Chauvin "remained indifferent to Mr. Floyd's pleas".

Cahill said when it became clear to bystanders that Floyd was in distress and stopped breathing, Chauvin continued to abuse his position of authority by not rendering aid. He also said Floyd was not particularly vulnerable, saying he was a large man who was struggling with officers.

No matter what sentence Chauvin gets, in Minnesota it's presumed that a defendant with good behaviour will serve two-thirds of the penalty in prison and the rest on supervised release, commonly known as parole. A federal grand jury said the officers had "willfully deprived Mr. Floyd of his constitution rights" during the arrest, with Chauvin also confirmed to be facing a separate indictment over a violent 2017 incident during which he allegedly grabbed a 14-year-old "by the throat".

Chauvin and the three other officers who detained Floyd - J. Alexander Kueng, Thomas Lane and Tou Thao - were indicted on federal charges of violating Floyd's civil rights, the Justice Department announced Friday.



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